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 Appellate Court Opinion

by Booth, George


AC42635 - Fazio v. Fazio (Dissolution of marriage; "The plaintiff, Madeline G. Fazio, appeals from the judgment of the trial court, Colin, J., granting the motion filed by the defendant, Michael A. Fazio, to modify or to terminate his alimony obligation. On appeal, the plaintiff claims that the court erred by (1) holding that it was bound by the prior finding of the trial court, Emons, J., of cohabitation pursuant to General Statutes § 46b-86 (b), (2) failing to make a factual finding as to the parties' intent regarding whether article 3.2 (a) of their separation agreement incorporated the remedial aspects of § 46b-86 (b), and (3) exceeding the scope of the remand order in the prior appeal of this case; see Fazio v. Fazio, 162 Conn. App. 236, 250–51, 131 A.3d 1162, cert. denied, 320 Conn. 922, 132 A.3d 1095 (2016) (Fazio I); by making factual findings that were contrary to the clear and unambiguous language of article 3.2 (b), essentially reforming that article of the agreement, when that article was not at issue. We affirm the judgment of the trial court.")