AC 46271 - Kosar v. Giangrande ("In this dissolution action, the defendant,
Marie Giangrande, appeals following the trial court’s
judgment dissolving her marriage to the plaintiff, Jaromir Kosar, and the trial court’s order on the plaintiff’s
amended motion for contempt and injunctive relief.
On appeal, the defendant claims that the court, Hon.
Michael E. Shay, judge trial referee, (1) abused its discretion and deprived her of due process of law by limiting her case-in-chief on the plaintiff’s pendente lite
amended motion for contempt and motion for injunctive relief to only fifteen minutes and (2) abused its
discretion in refusing to hear her motion to open the
parties’ pendente lite agreement regarding the marital
home. She also claims that the court, Moukawsher, J. (3) committed plain error by presiding over the parties’
dissolution trial after conducting a hearing on the
motion of the defendant’s then counsel to withdraw his
appearance and (4) made credibility determinations on
improper bases. We agree with the defendant on her
first claim but disagree with her on her other claims.
Accordingly, we reverse in part and affirm in part the
judgment of the trial court.")