The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Family Law Supreme Court Opinion

by Booth, George


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.")