Eslami v. Eslami

591 A.2d 411, 218 Conn. 801, 1991 Conn. LEXIS 256
CourtSupreme Court of Connecticut
DecidedMay 21, 1991
Docket14183
StatusPublished
Cited by73 cases

This text of 591 A.2d 411 (Eslami v. Eslami) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eslami v. Eslami, 591 A.2d 411, 218 Conn. 801, 1991 Conn. LEXIS 256 (Colo. 1991).

Opinion

Shea, J.

In this action for a legal separation, the trial court found that the marriage of the parties had broken down irretrievably “due to the defendant’s intransigence and unwillingness to continue the marriage relationship, as well as his attentiveness to another woman.” A decree of legal separation was ordered together with financial orders allocating various assets between the parties and awarding to the plaintiff wife, Marilyn S. Eslami, both periodic and lump sum alimony, medical expenses, life insurance protection and counsel fees. The defendant husband, Mehdi S. Eslami, has appealed, claiming that the court erred with respect to: (1) the admission of testimony of an expert witness called by the wife; (2) the failure to consider the wife’s interest as a beneficiary of her deceased father’s estate, which had not been settled at the time of trial; (3) the determination of the value of the husband’s medical practice, particularly the element of goodwill, and of his total estate; and (4) the award of counsel fees to the wife. We affirm the trial court’s decision upon all these issues.

[803]*803I

On March 9,1989, the husband filed a request for disclosure of the identity of any expert witness to be called on behalf of his wife as well as a statement of the “subject matter on which” and the “substance of the facts and opinions to which the expert is expected to testify,” as provided by Practice Book § 220 (A) (1).1 Upon the failure of the wife to respond to his request within thirty days, as required by Practice Book § 228,2 the husband filed a motion pursuant to Practice Book § 2313 to compel her to answer his interrogatories. The response of the wife was filed on April 27,1989, and named a firm of certified public accountants as the expert witness to be called. She stated that the “[vjalue of [the] defend[804]*804ant’s medical practice” would be the subject matter of the expert testimony and indicated that the factual substance of the testimony would be the “[vjalue of said medical practice based upon a review of the financial records of said medical practice.” The name of a real estate appraiser who would testify to the value of a building in which the husband held an interest was also furnished and a copy of his report was attached to the response. It was indicated that no report had yet been received from the accounting firm.

At the start of trial on May 2,1989, the husband filed a motion in limine seeking to preclude any testimony of the witness from the accounting firm engaged by his wife concerning the value of his practice as a radiologist. During argument of the motion it appeared that the attorney for the husband had been present when employees of the accounting firm had examined the husband’s financial records and had even scheduled a deposition of the expert witness to be used at trial, which the wife’s attorney had cancelled. In response to an inquiry by the court, the husband’s attorney replied that he did not intend to seek any depositions.

The court denied the motion in limine “at this point,” observing, “I don’t think the defendant up to this time has used due diligence in pursuing the matter of the deposition.”

On May 24, 1989, three days of testimony having intervened since the denial of the motion in limine, the [805]*805wife called Arthur Sanders, an employee of the accounting firm, to testify to the value of the husband’s radiological practice. His written report, which had not been made available previously, was offered into evidence. The husband thereupon renewed his motion in limine to exclude the report as well as Sanders’ testimony. Sanders testified that the delay in preparing his report was attributable to a lack of cooperation on the part of the husband in failing to make pertinent financial records available. The trial court again denied the motion in limine, noting that an order had been issued in October, 1989, for an appraisal of the husband’s practice and, “according to the witness, [the husband] failed to abide by that order.” The court also declared: “If anybody is playing cat and mouse, it’s the [husband].”

The finding of the trial court, which is adequately supported by the evidence, that the principal source of delay in the disclosure of the content of Sanders’ testimony was the husband’s failure to make his financial records available, greatly undercuts his claim on appeal that the sanction of excluding such testimony should have been imposed on the wife for failure to furnish Sanders’ appraisal report earlier than just before he testified. Even if the court had concluded that the wife’s answers to the interrogatories were not fully responsive, it would not follow that sanctions should necessarily be imposed. Practice Book § 231 provides that, when there has been a failure to comply with a discovery order, “the court may, on motion, make such order as the ends of justice require,” which “may include” one or more of the specified sanctions. It is virtually frivolous for the husband to suggest that the court abused its broad discretion by failing to impose the sanction of excluding testimony because of delay in furnishing the report of an expert v/itness, after concluding that the delay was largely attributable to the [806]*806husband’s failure to comply with the order for disclosure of his financial records.

II

At trial it was undisputed that the wife had a financial interest in the estate of her father, who had died approximately two and one-half years before trial. The estate had not been settled, however, because her brother was contesting the will, and that litigation was still pending. The wife testified that she had already incurred expenses of approximately $73,000 in the will contest, but that she expected to “net out maybe $180,000” from the estate, if the will should be upheld.4 In making the financial awards, the trial court did not consider the wife’s interest in her father’s estate, because the value of her interest could not be determined until the pending litigation had been resolved.

In Rubin v. Rubin, 204 Conn. 224, 232, 527 A.2d 1184 (1987), this court held that a contingent remainder interest in an inter vivos trust held by a spouse did not constitute “property” subject to assignment by the court to the other spouse pursuant to General Statutes § 46b-81 in rendering a judgment dissolving the marriage. We ruled also that evidence of a mere expectancy of receiving an inheritance in the future was inadmissible. See also Krause v. Krause, 174 Conn. 361, 365, 387 A.2d 548 (1978). In the present case, the interest of the wife in her father’s estate had vested upon his death and had ceased to be a mere expectancy. Its value, however, could not be ascertained with certainty because of the unresolved will contest, which continued to generate expenses to be borne by the wife.

[807]*807In Rubin we mentioned some of the hazards of basing financial awards on expectations or contingencies that ultimately may never be realized wholly or partially.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

D. S. v. D. S.
351 Conn. 1 (Supreme Court of Connecticut, 2025)
Hornung v. Hornung
146 A.3d 912 (Supreme Court of Connecticut, 2016)
Callahan v. Callahan
Connecticut Appellate Court, 2015
Misthopoulos v. Misthopoulos
999 A.2d 721 (Supreme Court of Connecticut, 2010)
Rozsa v. Rozsa
977 A.2d 722 (Connecticut Appellate Court, 2009)
Mickey v. Mickey
974 A.2d 641 (Supreme Court of Connecticut, 2009)
Utz v. Utz
963 A.2d 1049 (Connecticut Appellate Court, 2009)
Medvey v. Medvey
908 A.2d 1119 (Connecticut Appellate Court, 2006)
Tracey v. Tracey
903 A.2d 679 (Connecticut Appellate Court, 2006)
Grimm v. Grimm
886 A.2d 391 (Supreme Court of Connecticut, 2005)
Northeast Distribution, Inc. v. Premier Logistics Services Inc.
877 A.2d 954 (Connecticut Superior Court, 2004)
May v. May
589 S.E.2d 536 (West Virginia Supreme Court, 2003)
Ahnell v. Ahnell, No. Fa 94-0530371s (Sep. 11, 2002)
2002 Conn. Super. Ct. 11600 (Connecticut Superior Court, 2002)
Simons v. Minoff, No. Fa 01 0342260 (Mar. 22, 2002)
2002 Conn. Super. Ct. 4058-a (Connecticut Superior Court, 2002)
Archambault v. Archambault, No. Fa 01-0559478s (Mar. 19, 2002)
2002 Conn. Super. Ct. 3464 (Connecticut Superior Court, 2002)
Bender v. Bender
785 A.2d 197 (Supreme Court of Connecticut, 2001)
Nettleton v. Nettleton, No. Fa00-0437131s (Oct. 26, 2001)
2001 Conn. Super. Ct. 14229 (Connecticut Superior Court, 2001)
Beyer v. Beyer, No. Fa 98-0075862 (Jan. 12, 2001)
2001 Conn. Super. Ct. 983 (Connecticut Superior Court, 2001)
Sachs v. Sachs
759 A.2d 510 (Connecticut Appellate Court, 2000)
Foster v. Foster, No. Fa99-0060511s, (Aug. 23, 2000)
2000 Conn. Super. Ct. 9742 (Connecticut Superior Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
591 A.2d 411, 218 Conn. 801, 1991 Conn. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eslami-v-eslami-conn-1991.