Alldred v. Alldred

31 A.3d 1185, 132 Conn. App. 430, 2011 Conn. App. LEXIS 576
CourtConnecticut Appellate Court
DecidedDecember 6, 2011
DocketAC 32933
StatusPublished
Cited by4 cases

This text of 31 A.3d 1185 (Alldred v. Alldred) 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
Alldred v. Alldred, 31 A.3d 1185, 132 Conn. App. 430, 2011 Conn. App. LEXIS 576 (Colo. Ct. App. 2011).

Opinion

Opinion

PETERS, J.

Because service of process implicates a court’s personal jurisdiction, “an action commenced by . . . improper service must be dismissed.” (Internal quotation marks omitted.) Jimenez v. DeRosa, 109 Conn. App. 332, 338, 951 A.2d 632 (2008). The dispositive issue in this case is whether, in two postjudgment contempt actions brought against a plaintiff who no longer resides in this country, the defendant properly served the plaintiff by mailing copies of the pleadings to the plaintiffs counsel of record. The defendant appeals from the judgment of the trial court granting the plaintiffs motions to dismiss the defendant’s contempt actions. We affirm the judgment of the court.

The motions for contempt arise out of a judgment rendered on May 2, 2007, in which the court, Pickard, J., dissolved the marriage of the plaintiff, Kevin Alldred, and the defendant, Elizabeth Alldred. Since the date of the dissolution, the parties have been engaged in contentious litigation.

In the present appeal, the defendant challenges the validity of the court’s judgment granting the plaintiffs motions to dismiss two postjudgment motions for contempt that the defendant filed on July 7 and August 5, [432]*4322010. In its memorandum of decision dated September 10, 2010, the court held that dismissal was required because of insufficiency of service on the plaintiff. On November 12, 2010, the court denied the defendant’s motion for reconsideration, reargument and articulation. The defendant has appealed.

The underlying facts are not in dispute. The parties’ marriage was dissolved by a decree incorporating the parties’ May 1, 2007 separation agreement. The agreement provided for the sale of the marital home in Bridgewater. The agreement contemplated that the sale would occur within two years and afforded each party the option to buy out the other’s interest in the property. The fact that the contemplated sale did not take place within the anticipated time frame has led to considerable further litigation.

On April 28,2010, the court, Shaban, J., in a judgment resolving numerous outstanding postjudgment motions, issued orders concerning the payment of household expenses and the marketing and sale of the marital home.1 It found the plaintiff in contempt of its May 2, 2007 judgment and awarded the defendant $10,000 in attorney’s fees. It also sanctioned the plaintiff for having failed to comply with discovery requests and awarded the defendant an additional $7500 in attorney’s fees, for a total award of $17,500.

The present appeal arises out of postjudgment contempt proceedings initiated by the defendant to enforce the court’s April 28, 2010 orders. The first contempt motion, filed July 7, 2010, alleged that the plaintiff had failed to pay the $17,500 ordered by the court. The second contempt motion, filed August 5, 2010, alleged [433]*433that the plaintiff had failed to comply with the court’s orders concerning the sale of the marital home.

By the time that the defendant initiated the contempt proceedings, the plaintiff had moved his residence to Vienna, Austria. The defendant did not serve the plaintiff personally or avail herself of an applicable long arm statute to notify the plaintiff of the pending proceedings.2 Instead, the defendant attempted to serve the plaintiff by mailing copies of the contempt motions to the plaintiffs counsel of record.

The plaintiff filed timely motions to dismiss the contempt proceedings, arguing that, due to insufficient service of process, the corut lacked personal jurisdiction over him. In its memorandum of decision dated September 10, 2010, the court, Danaher, J., agreed with the plaintiff. The court held that “[a] motion for contempt, if granted, can result in a loss of liberty. Due process mandates that the individual who is the subject of the motion be personally apprised of the motion. Absent agreement by counsel and by the individual who is the subject of the motion, mailing a motion for contempt to opposing counsel is insufficient. This is particularly true in the postjudgment setting . . . .”

On appeal, the defendant claims that the court improperly concluded that her postjudgment motions for contempt required personal service upon the plaintiff. We disagree.

Preliminarily, we note that “a challenge to the jurisdiction of the court presents a question of law over [434]*434which our review is plenary.” Ryan v. Cerullo, 282 Conn. 109, 118, 918 A.2d 867 (2007). “[T]he Superior Court . . . may exercise jurisdiction over a person only if that person has been properly served with process, has consented to the jurisdiction of the court or has waived any objection to the court’s exercise of personal jurisdiction.” (Emphasis added; internal quotation marks omitted.) Kim v. Magnotta, 249 Conn. 94, 101-102, 733 A.2d 809 (1999). “[A]n action commenced by . . . improper service must be dismissed.” (Internal quotation marks omitted.) Jimenez v. DeRosa, supra, 109 Conn. App. 338; see also Practice Book § 25-13 (a) (5).3

“Proper service of process is not some mere technicality”; Hibner v. Bruening, 78 Conn. App. 456, 458, 828 A.2d 150 (2003); but is designed to provide notice of judicial proceedings that may implicate a party’s rights. “It is beyond question that due process of law . . . requires that one charged with contempt of court be advised of the charges against him, have a reasonable opportunity to meet them by way of defense or explanation, have the right to be represented by counsel, and have a chance to testify and call other witnesses in his behalf, either by way of defense or explanation.” (Internal quotation marks omitted.) Cologne v. West-farms Associates, 197 Conn. 141, 150, 496 A.2d 476 (1985).

Adjudication of a motion for civil contempt4 implicates these constitutional safeguards. Addressing a postjudgment finding of civil contempt in Cologne, our Supreme Court held that “[w]here the alleged contempt [435]*435does not occur in the presence of the court . . . process is required to bring the party into court, and the acts or omissions constituting the offense are to be proved as in ordinary cases.” (Internal quotation marks omitted.) Id., 152.

The defendant argues that the principles that ordinarily govern adjudication of a claim of civil contempt do not apply in the circumstances of this case because her contempt motions were intended merely to enforce the orders contained in the April 28, 2010 judgment rendered by Judge Shaban. Focusing on the fact that counsel for the plaintiff never filed a timely motion to withdraw from representation of his interests in the underlying litigation, the defendant maintains that, pursuant to Practice Book § 3-9 (c),5 counsel continued to be of record “for all postjudgment purposes.” It follows, according to the defendant, that the plaintiff has waived his right to contest personal jurisdiction.

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Cite This Page — Counsel Stack

Bluebook (online)
31 A.3d 1185, 132 Conn. App. 430, 2011 Conn. App. LEXIS 576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alldred-v-alldred-connappct-2011.