Adams v. Adams

890 A.2d 575, 93 Conn. App. 423, 2006 Conn. App. LEXIS 44
CourtConnecticut Appellate Court
DecidedJanuary 31, 2006
DocketAC 26445
StatusPublished
Cited by6 cases

This text of 890 A.2d 575 (Adams v. Adams) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Adams, 890 A.2d 575, 93 Conn. App. 423, 2006 Conn. App. LEXIS 44 (Colo. Ct. App. 2006).

Opinion

Opinion

HARPER, J.

This appeal arises out of a dissolution of marriage action between the plaintiff, Stephanie M. Adams, and the defendant, Bobbie L. Adams.1 The defendant challenges the trial court’s judgment that, among other things, dissolved the marriage and divided the parties’ marital assets. The defendant also challenges the court’s rulings on two postjudgment motions for contempt. The defendant claims that (1) the court improperly denied his motion for a change of venue, (2) several of the court’s factual findings were unsupported by the evidence, (3) the court deprived him of his right to counsel during a hearing on a postjudgment motion for contempt, (4) the court improperly ruled in the plaintiffs favor on the plaintiffs motion for contempt and (5) the court improperly ruled in the plaintiffs favor on the defendant’s motion for contempt. We affirm the judgment of the trial court.

[425]*425The parties were married in January, 2001, and there are no minor children issue of the marriage. In August, 2003, the plaintiff commenced an action seeking dissolution of the marriage. Both parties agreed that the marriage should be dissolved on the ground of irretrievable breakdown and asked the court for an equitable division of the marital assets. The court held an eviden-tiary hearing and, in November, 2004, rendered judgment dissolving the parties’ marriage and distributing the marital assets. Additional relevant facts and procedural history will be set forth as necessary.

I

The defendant first claims that the court improperly denied his motion for a change of venue. The record is inadequate to review his claim.

The plaintiff brought the present action in the Superior Court in the judicial district of New London. The record reflects that on October 7, 2004, the defendant filed a motion for a change of venue. The defendant asserted therein that “[t]he matter and judges involved in this case are part of a civil rights complaint in federal court . . . .”2 The defendant further asserted that “the judges involved in this matter have been so bias[ed] and racially and sexually prejudiced to his interest that a fair trial by an impartial and unprejudiced judge cannot be had in New London County.”

The record reflects that on October 7, 2004, the court asked the defendant if he wanted to be heard on his motion. The defendant declined the invitation to [426]*426address the court with regard to his motion, except to inform the court that he had learned that the court had denied the motion. The court informed the defendant that the motion was denied. The defendant argues on appeal that the court’s denial of his motion was improper because it reflects “racial discrimination” against him. The defendant apparently argues that the court’s subsequent factual findings in its memorandum of decision reflect this discrimination.

“Any cause, or the trial of any issue therein, may be transferred from a judicial district court location to any other judicial district court location ... by order of a judicial authority . . . upon its own motion or upon the granting of a motion of any of the parties . . . .” Practice Book § 12-1; see also General Statutes § 51-347a (a) (transfer of civil jury causes). In the context of criminal actions, a defendant requesting a change of venue bears the burden of showing that, absent a change in venue, he could not receive a fair and impartial trial. State v. Reynolds, 264 Conn. 1, 222, 836 A.2d 224 (2003), cert. denied, 541 U.S. 908, 124 S. Ct. 1614, 158 L. Ed. 2d 254 (2004). A trial court exercises broad discretion in considering such a motion, but appellate review of the denial of a motion for a change of venue requires an independent review of all of the circumstances on which the motion was based. State v. Vitale, 190 Conn. 219, 227, 460 A.2d 961 (1983). Those principles apply, with at least equal force, to the defendant’s request for a change of venue in his divorce proceeding.

The defendant’s motion for a change of venue set forth a wholly unsupported accusation against the judiciary of the judicial district of New London. The defendant’s motion was based on his bare assertion that he could not receive a fair and impartial trial before a judge in the judicial district of New London. When afforded an opportunity to be heard on his motion, the defendant declined to address the court. The court was not pro[427]*427vided with evidence in support of the motion, nor was it asked to make any findings of fact in support of the motion. Accordingly, the record is inadequate to review his claim.

II

The defendant also challenges nine of the factual findings set forth in the court’s memorandum of decision. For the most part, these findings are related to the financial circumstances of the parties before and during their marriage.

“As a reviewing court, we may not retry the case or pass on the credibility of witnesses. . . . Our review of factual determinations is limited to whether those findings are clearly erroneous. . . . We must defer to the trier of fact’s assessment of the credibility of the witnesses that is made on the basis of its firsthand observation of their conduct, demeanor and attitude. ... A finding of fact is clearly erroneous when there is no evidence in the record to support it ... or when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” (Citation omitted; internal quotation marks omitted.) Berry v. Berry, 88 Conn. App. 674, 679, 870 A.2d 1161 (2005).

We have reviewed each of the factual issues raised by the defendant. It would serve no useful purpose for us to recite them here. We are convinced that these issues merely reflect the defendant’s dissatisfaction with the fact that the court did not accept as true his testimony and interpretation of the evidence. “In a case tried before a court, the trial judge is the sole arbiter of the credibility of the witnesses and the weight to be given specific testimony and, therefore, is free to accept or reject, in whole or in part, the testimony offered by either party.” (Internal quotation marks omitted.) [428]*428DiVito v. DiVito, 77 Conn. App. 124, 138, 822 A.2d 294, cert. denied, 264 Conn. 921, 828 A.2d 617 (2003). The evidence as well as the rational inferences drawn therefrom amply support the findings challenged by the defendant.

Ill

The defendant next claims that the court deprived him of his right to counsel during a hearing on a post-judgment motion for contempt. We disagree.

On January31,2005, the plaintiff filed a postjudgment motion for contempt against the defendant. The plaintiff alleged that the defendant had violated one of the dissolution orders in that he failed to pay loan payments and applicable taxes on an automobile that was transferred to him in the dissolution action.

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Cite This Page — Counsel Stack

Bluebook (online)
890 A.2d 575, 93 Conn. App. 423, 2006 Conn. App. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-adams-connappct-2006.