Dorsey v. Mancuso

583 A.2d 646, 23 Conn. App. 629, 1990 Conn. App. LEXIS 409
CourtConnecticut Appellate Court
DecidedDecember 18, 1990
Docket8889
StatusPublished
Cited by41 cases

This text of 583 A.2d 646 (Dorsey v. Mancuso) 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
Dorsey v. Mancuso, 583 A.2d 646, 23 Conn. App. 629, 1990 Conn. App. LEXIS 409 (Colo. Ct. App. 1990).

Opinion

Cretella, J.

The defendant in this contract action appeals from the judgment of the trial court in favor of the plaintiff. The defendant claims that the trial court improperly (1) found that the plaintiff proved fraud in the inducement of the contract by clear and convincing evidence, (2) rendered judgment for the plaintiff in violation of public policy, (3) denied his motion to dismiss at the close of the plaintiff’s case, and (4) rendered judgment beyond the relief sought in the plaintiff’s complaint. The plaintiff cross appeals claiming that the court improperly ordered that the defendant is entitled to a one-half interest in the property in question.

The following facts are relevant to the resolution of this case. The plaintiff, who was married to Fred Dorsey, met the defendant when she was working at the Travelers Insurance Company in 1981. She began seeing the defendant socially in 1982 and, in April, 1985, she left her husband and began living with the defendant. Her marriage to Dorsey was dissolved in October, 1985.

In the spring of 1986, the plaintiff began seeing Dorsey again although she continued to live with the defendant. She resumed sexual relations with her ex-husband and became pregnant during the summer of that year. In January, 1987, she left the defendant and resumed living with her ex-husband. On April 26,1987, the plaintiff gave birth to a daughter and, while continuing to live with Dorsey, had a second child, a son, in November, 1988. The plaintiff and Dorsey remarried on November 26, 1988.

[631]*631The defendant has asserted that he is the father of the plaintiffs daughter, although he has never contributed to her support.

During the course of their relationship, the plaintiff and the defendant decided to purchase a piece of property in Enfield for investment purposes. The title to the property was placed in only the plaintiffs name because the defendant was then defending a civil action and was advised by counsel not to put any property in his name. The parties built a two-family residence on the property and in September, 1987, the defendant moved into one half of the house and began renting the other half.

In August, 1988, while she was living with Dorsey, the plaintiff received a letter from the defendant’s attorney requesting that she quitclaim the Enfield property to the defendant. She telephoned the defendant to inform him that she would not quitclaim the property to him and thus forfeit her interest in the property while remaining liable for the mortgage which was in her name alone. The defendant, in reply, informed the plaintiff that he would make her life miserable if she did not comply with his requests, but, nevertheless, the plaintiff persisted in her refusal to transfer the property to the defendant.

Some time later, the defendant telephoned the plaintiff and threatened that he would bring an action to determine the paternity of her daughter if the plaintiff refused to deed the property to him. The plaintiff then agreed to transfer the property to the defendant on the basis of his assurances that if she executed the deed he would not pursue the paternity action. The plaintiff transferred the property to the defendant by a deed dated November 14, 1988. On November 28, 1988, however, she received a letter from the defendant’s attorney stating that unless she stipulated that [632]*632the defendant was the father of her daughter, a paternity action would be brought. She refused to make any such stipulation and, in February, 1989, she received notice from the Wallingford Probate Court informing her that the defendant had filed a petition for paternity. That petition was denied and an appeal is now pending in the Superior Court.

The plaintiff brought the present action asking, inter alia, that her conveyance of the Enfield property to the defendant be declared null and void. The trial court found that the plaintiff had proved, by clear and convincing evidence, that the defendant had induced her by threat and fraud to turn over the real estate. The court further found that the defendant had promised that he would not bring a paternity action if she executed the deed and that the defendant’s representation was untrue, and known by him to be untrue, that he had no intention to fulfill the promise when it was made, that the purpose of his promise was to induce the plaintiff to act on that promise, that the plaintiff was induced to turn over the property to her detriment, and that as a result of the defendant’s fraud the plaintiff lost her equity in the Enfield property. The court then ordered that the defendant deed back to the plaintiff a one-half interest in the Enfield property. The defendant appealed to this court and the plaintiff cross appealed.

I

The Defendant’s Appeal

The defendant first claims that the plaintiff did not prove her claim of fraud in the inducement by clear and convincing evidence.

Whether a plaintiff sustains her burden of proof is a question of fact for the trier. Capmar Construction, Inc. v. Coyle, 4 Conn. App. 579, 580, 495 A.2d 1115 [633]*633(1985). We are limited to an examination of the record to determine if it contains sufficient evidence to support the decision of the trial court. Northeast Gunite & Grouting Corporation v. Chapman, 20 Conn. App. 201, 203-204, 565 A.2d 256 (1989). This court is entitled to presume that the trial court properly considered all of the evidence that was before it. Chomko v. Patmon, 19 Conn. App. 483, 563 A.2d 311, cert. denied, 212 Conn. 819, 565 A.2d 539 (1989).

The elements of fraudulent misrepresentation are as follows: (1) a false representation must be made as to a statement of fact; (2) the statement was untrue and known by the defendant to be untrue; (3) the statement was made to induce the plaintiff to act; and (4) the plaintiff acted on the false representation to her detriment. Kavarco v. T.J.E., Inc., 2 Conn. App. 294, 295-96, 478 A.2d 257 (1984). Our review of the record leads us to conclude that there was ample evidence before the trial court to support its decision that the plaintiff executed the deed as a result of the defendant’s fraudulent inducement.

The defendant next claims that the trial court’s judgment violates public policy. Because the defendant fails to specify what public policy is violated by the court’s judgment and cites no rule of law in support of this public policy, we cannot consider this claim. Where counsel has not researched the issues or formulated the appropriate legal arguments, the claim evades meaningful appellate review. Echols v. Balck, 9 Conn. App. 620, 520 A.2d 651 (1987). Bare assertions without citation to legal authority constitute abandonment of the issue. State v. Chauvin, 8 Conn. App. 307, 311, 512 A.2d 969 (1986).

The defendant next claims that the trial court improperly denied the motion to dismiss that he entered at the close of the plaintiff’s case.

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Bluebook (online)
583 A.2d 646, 23 Conn. App. 629, 1990 Conn. App. LEXIS 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorsey-v-mancuso-connappct-1990.