Do I have a case for appeal as the judge stated the ring was a gift?

Question

I took my ex to small claims court today to pursue reimbursement for an engagement ring she never returned. I was hesitant at first but spent much time researching this subject prior to filing.

After watching 3 other cases before us taking well over 2 hours in length, we were then called and the judge looks at the case and shouts, "YOUR SUING YOUR EX FOR AN ENGAGEMENT RING?" When he continued, he asked me something to the effect of whether I had something in writing showing this was a conditional gift. In other words, he implied that after I got on my knee and asked the deft to marry me, if I then pulled out a contract stipulating that if she didnt, that I would require the ring back. I was absolutely appauled. When I simply answered the judge no, he then asked the deft why she didnt simply return the ring. Her response was that she paid for it. She tried to show that monies she gave me on a monthly basis that were used for our regular living expenses were to be applied towards the payment of the ring, which the judge, I'm sure, knew was a flat out lie. He then followed up with asking me if this were true at which time I said absolutely not.

Literally within 2 minutes of approaching to be heard on this case, he looks at me and says, "Mr. Smith, the RING WAS A GIFT." Literally screaming at me. I tried to substantiate my case by quoting a Supreme Court case in 1997 in Kan. which states, "Once it is established the ring is an engagement ring, it is a conditional gift."

I was not permitted to present any evidence in my case other than responding to the 2, maybe 3 questions asked of me. I was not able to show paperwork for the receipt of the ring nor being able to show that the ring is absolutely a conditional gift and if marriage does not follow, the ring should be given back. (Again, as many states have adopted this rule of thumb).

My guess is that this judge had little or no experience dealing with this type of case before. When he found in favor for the deft, I tried to speak up and present my case at which time he responded, "You can appeal if you want, thats it". Case closed.

Am I wasting my time should I appeal? This is not about the money, by the way. This is absolutely about what is considered the 'right thing to do'. I have polled many female friends and the % of them that say they would return the ring is extremely high. But even from a legal standpoint, I thought I had a rather slam dunk case. Where did I go wrong and should I appeal?

Answer 1

> if I then pulled out a contract

He wanted you to quote case law and how it properly applied to this case, not a contract.

This is standard stuff for any attorney.

You choked dude.

On appeal, you can only go on the basis of an error in judgment on the entered facts. You can't give more evidence or argue the original case.

Time to start getting over her.

Answer 2

     Like it or not, the general rule is that a completed gift is not revokable.  You give an engagement ring as a gift.  I have never in all my years known anyone who made their fiance buy their own engagement ring.

     The elements for a gift are, delivery either actual or symbolic, voluntary and knowledgable receipt and acceptance, and donative intent.  All three appear to be present here

     You have no claim.  Deal with it.

Answer 3

At one time, you loved her enough to give her the ring ~ now it's hers!! Get over it, and stop wasting time in court: esp if it's not about the money!!!

Answer 4

Where did you go wrong???   Givng the ring in the first place.

Answer 5

An engagement ring is a tangible symbol of a verbal contract.  Her acceptance of the marriage proposal allows her to keep the ring until the termination of said agreement.  For whatever reason either of you called off the engagement, the ring ultimately belongs to you.  Hopefully, you kept the receipt.  Unless she has receipts with your signature proving that she has paid you for the ring, she has no proof that the ring was indeed intended to be "given" to her specifically.  It could have been a gift for your mother or sister, for all the court is concerned.  Anyway, if she was the one to break the engagement contract by her betrayal of your trust, thus setting a fraudulent foundation leading into the marriage, then she must return the "gift."  If you were the one to betray her trust with your verifiable fraudulent behavior (infidelity, for example), then she keeps the ring.  Hope this helps!  Sincerely, A WOMAN

Answer 6

If you are in Kansas, and you interpret the prior decision correctly, then you do have grounds for appeal.  In most states, an engagement ring is a gift.  You can appeal on the exclusion of your evidence (not your argument, your evidence) but only if the record shows that you tried to present additional evidence and the judge refused to consider it.  Case law, BTW, is argument, not evidence.

Answer 7

Well my husband took back his ex fiance's engagement ring, She didn't get much a say in the matter.Although from what he has told me she was becoming something of a ring collector. My mother in law has it now and has told me in past conversations that our daughter will become its owner when shes old enough. Which is fine with me as mine is ten times bigger and better, not that I'd want a 2nd hand one. Your ex should have offered to give it back to you. Why she wants it now that it has no connection between you its quite rude that shes so determined to keep it. I'd ask your ex again for it back without the courts other than that I'd say you've lost.xx

Answer 8

you are a litigious idiot. You are lucky you didnt get slapped with a fine for wasting court time. I hope you have to pay her court costs you maggot. It's people like you cause the huge backlog of serious matters courts should be dealing with. You make me sick.