Paul Bragagnolo

The plaintiff brought an action for defamation against his ex-wife and two others regarding Facebook posts and oral statements made following their marital separation.

The statements included false allegations of incest, theft, and breach of court orders.

The court found the statements were defamatory, referred to the plaintiff, and were published to third parties.

The plaintiff was awarded $15,000 in general damages against his ex-wife for libel, and $500 each against the other two defendants for slander.

The moving party sought an order vacating or varying a prior consent order requiring her to pass her accounts as attorney under a continuing power of attorney for an incapable person.

She argued the order was unnecessary because expenses for the incapable person were paid from a joint bank account.

The court held that the circumstances did not fall within Rule 37.14 of the Rules of Civil Procedure and that consent orders may only be varied under Rule 59.06 in limited situations such as fraud or where the order fails to reflect the parties’ intentions.

The evidence did not establish any such basis, and the existence of a joint account predated the consent order.

The court concluded that the moving party remained obligated to pass her accounts and dismissed the motion.