Advance Release Opinions – October 27

Connecticut Appellate Court

The Appellate Court advance released opinions in the areas of family law, foreclosure and sanctions.

Family Law

Bruno v. Bruno – Quite a saga. Three rulings. First, since the Appellate Court had earlier reversed trial court orders reducing alimony and setting a valuation date for a financial account, trial court did not exceed its authority on remand by eliminating the interest originally awarded based on the orders the Appellate Court had reversed. Second, the trial court did not make a mistake in determining the start dates or the rate for the new postjudgment interest awards. Third, trial court properly held defendant in contempt because the violated order was clear and unambiguous.

Garvey v. Valencis – The statute providing for an emergency ex parte custody order – CGS § 46b-56f – does not require the court to allow the respondent to be heard prior to ordering emergency relief. Nor does the statute require the court, having ordered emergency ex parte relief, to complete a hearing within 14 days; the statute just requires that a hearing be scheduled, not completed, within 14 days.  Even though the hearing was not complete until some 112 days later, the original ex parte order did not expire after 30 days under Practice Book § 4-5 because following each day of the hearing the trial court found good cause for the ex parte order to remain in place.

Ray v. Ray – Contrary to plaintiff’s claim, the record shows that the trial court did find defendant’s net salary in making a child support determination and properly awarded the presumptive minimum support.

Spencer v. Spencer – Agreement that alimony terminated on “cohabitation” did not require defendant to prove that the cohabitation was romantic or sexual. Unclean hands is not a recognized basis for declining to terminate alimony based on cohabitation and, even if it were, defendant did not have unclean hands.

Foreclosure

U.S. Bank National Association, Trustee v. Blowers – Because the parties never reached a binding mortgage modification, the trial court properly struck counterclaims and special defenses based on conduct occurring during modification negotiations and foreclosure mediation as not having a sufficient nexus with, or relating to, the making, validity, or enforcement of the note or mortgage. In his dissent, Judge Prescott explained that he thought the trial court too narrowly construed and applied the making, validity, or enforcement test and failed to construe the counterclaims and special defenses in a light most favorable to upholding their legal sufficiency.

Sanctions

Emerick v. Glastonbury – Trial court properly dismissed action based on self-represented litigant’s conduct during trial. This one is worth reading if only to get the details of what the trial judge had to deal with.