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Family Law

Family Law Appellate Court Opinion

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=4034

AC41795 - Moyher v. Moyher (Marital dissolution; claim that trial court improperly found that certain real property located in New Hampshire was marital asset; "The defendant, Paul J. Moyher III, appeals from the judgment of the trial court dissolving his marriage to the plaintiff, Sarah A. Moyher, and entering related financial orders. On appeal, the defendant claims that the court abused its discretion by (1) finding that certain real property located in New Hampshire was a marital asset and awarding the plaintiff 40 percent of its value, (2) not allowing the defendant to present evidence at trial regarding a prenuptial agreement between the parties, and (3) ordering the defendant to pay the plaintiff her awarded share of the New Hampshire real property, $150,750 plus interest, within five months of the dissolution judgment. We disagree with the defendant's first two claims; however, we agree that the court abused its discretion in ordering the defendant to pay the plaintiff her share of the New Hampshire property within five months of the dissolution judgment. Accordingly, we reverse that part of the judgment of the trial court and remand for further proceedings in accordance with this opinion.")


Family Law Appellate Court Opinion

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=4025

AC41942 - Rosario v. Rosario (Dissolution of marriage; motion for contempt; motion for continuance; "In this postdissolution of marriage matter, the self-represented plaintiff, Alvin J. Rosario II, appeals from the orders of the trial court granting two motions for contempt, docket entry #154.79 (motion #154.79) and docket entry #156 (motion #156), filed by the defendant, Thyjuan Rosario. On appeal, the plaintiff claims that the trial court erred when it rendered judgment finding him in contempt because (1) those motions for contempt previously had been denied by the court and, thus, they were not properly before the court, and (2) the defendant did not serve the plaintiff with motion #156. Because we conclude, with respect to the first claim, that the court's January 19, 2017 order effectively vacated its January 3, 2017 order denying the motions, and, with respect to the second claim, that it is inadequately briefed, we affirm the judgment of the trial court.")


Family Law Appellate Court Opinions

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=4007

AC41576 - Kammili v. Kammili (Marital dissolution; "The plaintiff, Srinivas Kammili, appeals from the judgment of the trial court dissolving his marriage to the defendant, Saisudha Kammili. The plaintiff makes numerous claims on appeal, including that the trial court (1) improperly declined to admit many of his exhibits into evidence, (2) failed to address several of his pretrial motions in a timely manner, and (3) inequitably distributed the marital property, specifically, the parties' bank accounts, real property, and certain gold jewelry. We disagree with the plaintiff and, accordingly, affirm the judgment of the court.")

AC42175 - Chang v. Chang (Dissolution of marriage; postjudgment order of contempt; "In this postdissolution matter, the defendant, David Chang, appeals and the plaintiff, Melissa Chang, cross appeals from the judgment of the trial court resolving their postjudgment motions for contempt. On appeal, the defendant claims that the court improperly granted the plaintiff's October 25, 2017 motion for contempt regarding her proposed adjustment to the parties' parenting access schedule. On cross appeal, the plaintiff claims that the court improperly (1) denied her November 15, 2017 motion for contempt regarding the timely return of the parties' minor son to her by the defendant after school and (2) granted the defendant's November 19, 2017 motion for contempt regarding withheld consent by the plaintiff to procure private physical therapy for the parties' minor daughter. We agree with the defendant. We also agree with the plaintiff as to her second claim, but disagree with her first claim. Accordingly, we affirm in part and reverse in part the judgment of the court.")


Family Law Appellate Court Opinions

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3995

AC40470 - Powers v. Hiranandani (Dissolution of marriage; Subject matter jurisdiction over real property; "The defendant, Kaveesh Hiranandani, appeals from the judgment of the trial court dissolving his marriage to the plaintiff, Colleen Powers. On appeal, the defendant claims that the court (1) lacked subject matter jurisdiction over the real property it awarded to the plaintiff, (2) issued orders with respect to real property that were predicated on a mistake and are impossible to execute, (3) abused its discretion by dividing the real property between the parties without determining its value, (4) abused its discretion by failing to divide the parties' personal property, (5) improperly ordered him to pay a percentage of the cost of all future extracurricular activities of the parties' child, and (6) abused its discretion by issuing financial orders in excess of his ability to pay. We agree with the defendant's fourth claim, but disagree with the remainder of his claims. We, therefore, reverse in part the judgment of the trial court and remand the case for further proceedings.")

AC41738 - Igersheim v. Bezrutczyk (Petition for visitation; Subject matter jurisdiction; "The defendant, Tiffany M. Bezrutczyk, appeals from the trial court's judgment granting the petition filed by the plaintiff, Sandra L. Igersheim, for visitation with her grandson, the defendant's minor child. The defendant claims that the court erred in a number of its rulings. We conclude that the defendant did not adequately brief these claims and, therefore, we decline to review them. See Clelford v. Bristol, 150 Conn. App. 229, 233, 90 A.3d 998 (2014). We do, however, consider the claims raised in the brief of the court-appointed guardian ad litem that the court (1) lacked subject matter jurisdiction to consider the petition, (2) improperly concluded that the denial of visitation to the plaintiff would cause real and significant harm, and (3) impermissibly precluded testimony and recommendations by the guardian ad litem. We agree with the guardian ad litem with respect to the issue of subject matter jurisdiction and, accordingly, reverse the judgment of the court and remand the case with direction to dismiss the petition.")


Family Law Supreme Court Opinion

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3962

SC20384 - Foisie v. Foisie ("In this appeal, we are asked to decide for the first time whether a party to a dissolution of marriage action may substitute the executor or administrator of the estate of a deceased party in the place of the decedent under General Statutes § 52-599, when the pending civil proceeding seeks to open a judgment of dissolution on the basis of financial fraud. The plaintiff, Janet Foisie, claims that the trial court improperly denied her motion to substitute the coexecutors of the estate of the defendant, Robert Foisie, her former husband, in his place. Specifically, she argues that the trial court incorrectly determined that the defendant’s death defeated and rendered useless her underlying motion to open the judgment of dissolution, thereby prohibiting substitution under § 52-599 (c). The trial court ruled that granting the motion to open would reinstate the parties’ marriage, the reinstated marriage automatically would be dissolved under General Statutes § 46b-40 due to the defendant’s death, and, thus, the reopened action for dissolution would abate, preventing the court from granting the plaintiff any relief. We disagree and therefore reverse in part the judgment of the trial court.")


Family Law Appellate Court Opinion

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3942

AC42274 - Longbottom v. Longbottom (Dissolution of marriage; motion to modify educational support; motion to open judgment; "The self-represented plaintiff, Carolyn H. Longbottom, appeals from the judgment of the trial court denying her motions to open and to modify the court's previous judgment modifying an existing educational support order on the basis of the alleged fraudulent nondisclosure of the defendant, Richard H. Longbottom. On appeal, the plaintiff claims that the court erred by concluding, inter alia, that she had failed to prove that there was sufficient probable cause of fraud by nondisclosure to permit the court to open the judgment and allow for discovery, which would have established the merits of her motion for modification. We disagree with the plaintiff and, accordingly, affirm the judgment of the trial court.")


Family Law Supreme Court Opinion

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3936

SC20181 - Hall v. Hall ("The plaintiff appeals from the judgment of the Appellate Court, which affirmed the judgment of civil contempt rendered against the plaintiff. The plaintiff claims that the Appellate Court incorrectly concluded that the trial court did not abuse its discretion in (1) finding the plaintiff in contempt of court on the basis of the wilful violation of a court order, and (2) denying the parties' joint motion to open and vacate the judgment of contempt. We affirm the judgment of the Appellate Court.")




Family Law Appellate Court Opinion

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3890

AC42217 - Wells v. Wells ("In this marital dissolution action, the plaintiff, Barbara Wells, appeals from the judgment of the trial court denying her postdissolution motion for an order seeking payment of unallocated support owed by the defendant, Michael Wells, pursuant to the terms of the parties' separation agreement. On appeal, the plaintiff claims that the court improperly interpreted the applicable provision of the separation agreement. We agree with the plaintiff and, accordingly, reverse the judgment of the trial court.")


Family Law Appellate Court Opinions

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3876

AC41061 - Al-Fikey v. Obaiah ("The defendant, Mohamed Obaiah, appeals from the judgment of the trial court dissolving his marriage to the plaintiff, Reem Al-Fikey. The defendant asserts that the trial court improperly (1) found him at fault for the irretrievable breakdown of the marriage, (2) found that he was intentionally underemployed when calculating his earning capacity, and (3) determined which properties were part of the marital estate. We affirm the judgment of the trial court.")

AC42003 - Nietupski v. Del Castillo ("The self-represented plaintiff, Karol Nietupski, appeals from the judgment of the trial court dissolving his marriage to the defendant, Nerida Del Castillo. On appeal, the plaintiff claims that the court (1) violated the free exercise clause of the first amendment by rendering a judgment of marital dissolution, and (2) improperly entered orders regarding the travel and education of a minor child. We affirm the judgment of the trial court.")


Family Law Supreme Court Opinion

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3852

SC20146 - Zhou v. Zhang ("The plaintiff, Yun Zhou, appeals from the judgment of the trial court dissolving her marriage to the defendant, Hao Zhang. On appeal, the plaintiff claims that the trial court (1) improperly declined to enforce the parties' purported written revocation of their postnuptial agreement (revocation agreement), (2) incorrectly determined that the postnuptial agreement was enforceable, and (3) improperly awarded the parties joint legal and physical custody of their minor children, with the defendant having final decision-making authority. We reject the plaintiff's claims and, therefore, affirm the judgment of the trial court.")


Family Law Appellate Court Opinion

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3840

AC42333 - Barr v. Barr ("The defendant, Dean Barr, appeals from the trial court's judgment granting the postjudgment motion for contempt brought by the plaintiff, Alison Barr. The defendant claims that, with respect to the motion, the plaintiff did not properly serve the defendant with process. We agree with the defendant and, accordingly, reverse the judgment of the court and remand the case with direction to dismiss the motion for contempt.")


Family Law Appellate Court Opinions

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3834

AC42200 - Romeo v. Bazow ("The plaintiffs, Richard Romeo and Nancy Romeo, appeal from the judgment of the trial court dismissing their third-party petition for visitation brought pursuant to General Statutes § 46b-59 and Practice Book § 25-4 as to the minor children of the defendant, Fernne Bazow. On appeal, the plaintiffs claim that the court improperly dismissed their petition on the basis that it failed to satisfy the jurisdictional pleading requirements set forth in Roth v. Weston, 259 Conn. 202, 789 A.2d 431 (2002). We affirm the judgment of the trial court.")

AC41751 - Hunter v. Shrestha ("The plaintiffs, Craig B. Hunter and Sarah Megan Berthold, appeal from the judgment of the trial court dismissing their third-party petition for visitation pursuant to General Statutes § 46b-59 and Practice Book § 25-4 as to the minor child of the defendant, Satyam S. Shrestha. Because we conclude that the plaintiffs' petition failed to satisfy the jurisdictional pleading requirements set forth in Roth v. Weston, 259 Conn. 202, 789 A.2d 431 (2002), we affirm the judgment of the trial court.")


Family Law Supreme Court Opinion

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3821

SC20058 - Puff v. Puff ("This postdissolution matter stems from the parties' oral stipulation following a motion for modification of alimony, the trial court's adoption of that stipulation as a court order, and subsequent litigation efforts by the defendant, Gregory Puff, on one hand, to carry the order into effect, and by the plaintiff, Claudia Puff, on the other hand, to challenge the order. At issue is the trial court's decision granting the defendant's motion for sanctions and for contempt and awarding him more than $169,000 in attorney's fees and expert fees, i.e., all the litigation expenses he had incurred following the entry of the order adopting the stipulation. In his certified appeal, the defendant challenges the Appellate Court's judgment reversing the judgment of contempt. See Puff v. Puff, 177 Conn. App. 103, 129, 171 A.3d 1076 (2017). He contends that the award was based on a broader course of conduct than the one part of the order considered by the Appellate Court and that the trial court's award was proper. On the basis of the trial court's articulation ordered by this court, we conclude that, insofar as the award is based on contempt, it cannot stand on any of the grounds articulated by the trial court. Insofar as the award is based on litigation misconduct, it lacks the requisite findings. We therefore affirm the Appellate Court's judgment but direct that court to remand the case to the trial court for further proceedings on the defendant's motion for sanctions for litigation misconduct.")


Contract Law Appellate Court Opinion

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3802

AC41789 - Jacques v. Jacques ("The plaintiff, Jean-Marc Jacques, appeals from the judgment of the trial court rendered in favor of the defendant, Muriel Jacques. On appeal, the plaintiff claims that the trial court erred by (1) concluding that his action was barred by the statute of limitations contained in General Statutes § 52-576 (a), (2) determining that it lacked continuing jurisdiction to enforce the parties' separation agreement, and (3) failing to construe the parties' separation agreement as a contract and to effectuate the intent of the parties to the contract. Because, however, the plaintiff has failed to challenge an independent ground for the trial court's ruling, the plaintiff's appeal is moot. Accordingly, we dismiss the plaintiff's appeal.")


Family Law Appellate Court Opinions

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3783

AC42149 - M. B. v. S. A. ("The self-represented plaintiff, M. B., appeals from the trial court's order denying his application for relief from abuse seeking the issuance of a domestic violence restraining order against the defendant, S. A., whom he alleges has engaged in a 'continuous pattern of stalking and harassment.' Specifically, the plaintiff contends that the court abused its discretion in (1) denying his application for relief from abuse and (2) issuing sanctions against him pursuant to Practice Book § 1-25 for filing a frivolous application for relief from abuse. We affirm the judgment of the trial court.")

AC42237 - M. B. v. S. A. ("The self-represented plaintiff, M. B., appeals from the trial court's orders, rendered in a child custody action, granting certain postjudgment motions for contempt filed by the defendant, S. A., and awarding her attorney's fees as a sanction against the plaintiff. Specifically, the plaintiff contends that the court erred in (1) finding him in contempt for nonpayment of support orders when the support orders were on appeal, (2) prioritizing the resolution of motions for contempt over a simultaneously pending motion pertaining to child visitation (3) failing to consider financial affidavits he had submitted, (4) awarding the defendant attorney's fees in connection with the granted contempt motions, and (5) accepting the defendant's affidavits of fees with incorrect docket numbers. We affirm the judgment of the trial court.")