Farrell v. Farrell

650 A.2d 608, 36 Conn. App. 305, 1994 Conn. App. LEXIS 420
CourtConnecticut Appellate Court
DecidedDecember 6, 1994
Docket12268
StatusPublished
Cited by35 cases

This text of 650 A.2d 608 (Farrell v. Farrell) 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
Farrell v. Farrell, 650 A.2d 608, 36 Conn. App. 305, 1994 Conn. App. LEXIS 420 (Colo. Ct. App. 1994).

Opinion

Cretella, J.

In this action seeking dissolution of marriage and an equitable decree voiding certain [306]*306fraudulent conveyances, the defendants Frank Farrell, Susan Cifarelli and the East Pearl Development Company appeal from the judgment rendered in favor of the plaintiff, Joanne Farrell.1

The case was tried before a state trial referee, who granted the dissolution. As to the fraudulent conveyance claim, he found that the named defendant was the equitable owner of three properties located in New Haven and North Haven. The referee ordered two of these three properties transferred to the plaintiff. The defendants argue on appeal that (1) the findings with respect to the three properties were not supported by the record, (2) the referee abused his discretion in awarding attorney’s fees, (3) the fraudulent conveyance of the three properties was not proven by clear and convincing evidence, and (4) the referee abused his discretion in ordering two of the properties transferred to the plaintiff.

We affirm the judgment as to the finding that the properties had been fraudulently conveyed. We must consider, however, who is liable for the payment of the plaintiff’s attorney’s fees, as well as whether the court abused its discretion with regard to the amount of the fee awarded.

The referee found the following facts. The plaintiff and the named defendant were married in 1969 and were separated in 1982. In 1982, after leaving the plaintiff, the named defendant moved in with the defendant Susan Cifarelli. In 1973, the named defendant had purchased a property located at 77 East Pearl Street [307]*307in New Haven for $8000. He testified that after he “fixed . . . up” the property, he “sold it” to the defendant Leon Crockett for the mortgage balance of $4365 and cash of $6000. The referee found that 77 East Pearl Street earns rents of $1000 per month and that the “sale” of the property for the price stated was not “believable.”

In 1976, the named defendant and the defendant Pasquale Palmieri bought the second of the subject properties, located at 177-179 Ferry Street in New Haven. The purchase price was $33,000. After the named defendant “remodeled” it, the property returned rents of $2340 per month. In 1978, the named defendant sold his “half interest” in this property to Palmieri for $7700, who in turn later transferred it to Crockett. The referee found that $7700 was a fraction of what it cost the named defendant to buy the property, and that this “sale” also was not “believable.”

The referee noted that according to the testimony at trial, Crockett had formed a corporation, the East Pearl Development Company, to own, hold title to, and administer the two properties at 77 East Pearl Street and 177-179 Ferry Street. After creation of the corporation, Crockett transferred his stock to Cifarelli. The referee therefore found that “with one stroke of the pen . . . Cifarelli, who had Crockett’s power of attorney, deeded these properties to herself, with her signature, without any consideration being passed.”2

[308]*308The last of the subject properties, 12 Chapel Hill Road in North Haven, was purchased by Cifarelli herself. The referee found, however, that none of the moneys allegedly used to purchase the property came from Cifarelli. Rather, the referee found that the funds came from the named defendant.

The referee farther noted that Darlene Farrell, the daughter of the named defendant, testified “that she had been told on several occasions by [the named defendant] and . . . Cifarelli that [the named defendant] owned all of the properties and that the East Pearl Development Company had been formed to make sure that the plaintiff . . . would be unable ever to get anything.”

The referee granted the dissolution and ordered that two of the properties, 77 East Pearl Street and 177-179 Ferry Street, be conveyed or transferred to the plaintiff from the defendants, pursuant to General Statutes §§ 46b-66a3 and 46b-81.4 The court farther ordered the defendants Frank Farrell, Cifarelli and Palmieri,5 jointly and severally, to pay the plaintiffs attorney’s fee of $30,000.

[309]*309I

The defendants make several arguments regarding the facts as found by the referee. They first argue that the findings of the referee with respect to the three properties were not supported by the evidence. “ ‘The factual findings of a trial court on any issue are reversible only if they are clearly erroneous. . . .This court cannot retry the facts or pass upon the credibility of the witnesses.’ (Citations omitted.) Holy Trinity Church of God in Christ v. Aetna Casualty & Surety Co., 214 Conn. 216, 223, 571 A.2d 107 (1990).” Rosick v. Equipment Maintenance & Service, Inc., 33 Conn. App. 25, 40-41, 632 A.2d 1134 (1993). “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. . . .” (Citations omitted; internal quotation marks omitted.) Id., 41. We are unable to conclude, on the basis of the record before us, that the referee’s findings were clearly erroneous.

The defendants also argue that the trial court incorrectly found by clear and convincing evidence that the three properties had been fraudulently conveyed. “A party who seeks to set aside a conveyance as fraudulent bears the burden of proving that the conveyance was made without substantial consideration and that, as a result, the transferor was unable to meet his obligations (constructive fraud) or that the conveyance was made with fraudulent intent in which the transferee participated (actual fraud).” Tessitore v. Tessitore, 31 Conn. App. 40, 42, 623 A.2d 496 (1993). “A fraudulent conveyance must be proven by clear and convincing evidence.” Id., 43. Whether a conveyance is fraudulent is purely a question of fact. Tyers v. Coma, 214 Conn. 8, 11, 570 A.2d 186 (1990). For the reasons [310]*310stated above, we cannot conclude that the trial court’s factual findings that the properties had been fraudulently conveyed were clearly erroneous.

Finally, the defendants argue that the trial court abused its discretion in ordering the East Pearl Street and Ferry Street properties transferred to the plaintiff. Specifically, the defendants claim that the court did not consider all of the statutory criteria required by General Statutes § 46b-81 (c)6 before ordering the properties transferred to the plaintiff. The trial court specifically noted, however, that it had “properly considered and weighed the application of all statutory relevant facts prior to deciding this case.” On the basis of the record before us, we cannot say that the trial court abused its discretion in ordering the properties transferred to the plaintiff.

II

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Bluebook (online)
650 A.2d 608, 36 Conn. App. 305, 1994 Conn. App. LEXIS 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farrell-v-farrell-connappct-1994.