Giordano v. Giordano

203 Conn. App. 652
CourtConnecticut Appellate Court
DecidedApril 6, 2021
DocketAC42737
StatusPublished
Cited by4 cases

This text of 203 Conn. App. 652 (Giordano v. Giordano) 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
Giordano v. Giordano, 203 Conn. App. 652 (Colo. Ct. App. 2021).

Opinion

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion.

All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** RENEE GIORDANO v. CARL V. GIORDANO (AC 42737) Prescott, Moll and Suarez, Js.

Syllabus

The defendant, whose marriage to the plaintiff previously had been dis- solved, appealed to this court from the judgment of the trial court granting the plaintiff’s motion for contempt and awarding her appellate attorney’s fees. Held: 1. The trial court did not err in granting the plaintiff’s motion for contempt; contrary to the defendant’s argument of a good faith misunderstanding, the court did not err in concluding that the defendant wilfully violated a clear and unambiguous court order that provided that he was required to make weekly payments to the plaintiff until a lump sum alimony award was paid in full, which he failed to do, as the court credited evidence from the plaintiff showing that the defendant owed her an outstanding balance, and the court found that the defendant had the ability to pay and did not present credible testimony or evidence that he had a good faith belief that he had paid the lump sum alimony obligation in full. 2. The trial court did not abuse its discretion in awarding appellate attorney’s fees to the plaintiff; the court found that the defendant was not credible with respect to his purported inability to pay and that, pursuant to statute (§ 46b-62), the award of attorney’s fees was necessary to avoid undermining the judgment of contempt and the court’s orders regarding the defendant’s obligation to pay the outstanding balance of the lump sum alimony owed to the plaintiff, regardless of the plaintiff’s ability to pay the fees. Argued January 7—officially released April 6, 2021

Procedural History

Action for the dissolution of a marriage, and for other relief, brought to the Superior Court in the judicial dis- trict of Hartford and tried to the court, Solomon, J.; judgment dissolving the marriage and granting certain other relief in accordance with the parties’ separation agreement; thereafter, the court, Margaret Murphy, J., granted the plaintiff’s motion for contempt, and the defendant appealed to this court; subsequently, the court, Margaret Murphy, J., granted the plaintiff’s motion for appellate attorney’s fees, and the defendant filed an amended appeal. Affirmed. Carl V. Giordano, self-represented, the appellant (defendant). Steven R. Dembo, with whom were Caitlin E. Koz- loski, and, on the brief, P. Jo Anne Burgh, for the appel- lee (plaintiff). Opinion

MOLL, J. In this dissolution matter, the defendant, Carl V. Giordano, appeals from the judgment of the trial court granting two postjudgment motions filed by the plaintiff, Renee Giordano. On appeal, the defendant claims that the court improperly granted the plaintiff’s (1) motion for contempt and (2) motion for appellate attorney’s fees. We disagree and, accordingly, affirm the judgment of the trial court. The following facts and procedural history are rele- vant to our resolution of this appeal. The parties were married in 1992. In 2004, the plaintiff commenced the present dissolution action against the defendant. In October, 2005, the trial court, Solomon, J., rendered a judgment of dissolution, which incorporated a separa- tion agreement executed by the parties. Under article VI of the separation agreement, titled ‘‘Property Settle- ment,’’ the defendant was required to pay the plaintiff $425,000, in various installments, in exchange for retaining his ownership interests in certain commercial properties. In addition, article VI provided that, ‘‘[i]f the [defendant] sells, transfers or otherwise divests himself of any of his interest in [the commercial properties], he shall immediately pay the [plaintiff] any funds due her at that time so that she is paid in full.’’ In 2009, the plaintiff filed a postjudgment amended motion for contempt, asserting that the defendant had sold the commercial properties in a ‘‘like-kind’’ exchange; see generally 26 U.S.C. § 1031 (2018); and, as a result, he was obligated to make immediate pay- ment of the sums owed to the plaintiff in accordance with article VI of the separation agreement. The trial court, Frazzini, J., granted the motion for contempt, and this court affirmed the judgment of contempt on appeal. See Giordano v. Giordano, 127 Conn. App. 498, 499, 14 A.3d 1058 (2011). Following this court’s decision in Giordano v. Gior- dano, supra, 127 Conn. App. 498, the parties entered into an agreement, dated May 5, 2011, for the purpose of ‘‘settling all of the claims and demands which each may have against the other arising from the [j]udgment dissolving their marriage and all subsequent court mat- ters as it relates to the property settlement.’’ The agree- ment was entered as a court order on June 1, 2011 (June, 2011 order). Pursuant to the June, 2011 order, the defendant was required to ‘‘satisfy his obligations to pay to the [p]laintiff a property settlement per [a]rti- cle IV of the [j]udgment of [d]issolution, by payments to the [p]laintiff as outlined herein, totaling $350,000.’’ The June, 2011 order provided that $175,000 of the $350,000 owed to the plaintiff would be paid from the sale of the defendant’s interest in certain real estate in East Windsor. That particular payment is not at issue in this appeal. The June, 2011 order further provided that the remaining $175,000 would be paid to the plain- tiff as lump sum alimony. Such alimony was ordered to be paid at a rate of $200 per week for one year commencing upon the termination of the periodic ali- mony orders in place at the time, which was expected to occur in April, 2012, and, thereafter, at a rate of $300 per week until the sum was paid in full. The defendant was also required to make payments toward the forego- ing lump sum alimony obligation in the event he received certain monies described in the June, 2011 order. On February 8, 2019, the plaintiff, representing her- self, filed the postjudgment motion for contempt at issue in this appeal.1 The plaintiff contended that the defendant (1) owed her a balance of $62,510 in lump sum alimony and (2) had failed to remit to her the prior three $300 weekly payments owed under the June, 2011 order. On March 12, 2019, following an evidentiary hear- ing at which both parties were self-represented, the court orally granted the motion for contempt. The same day, the court issued a written order setting forth its decision.

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Bluebook (online)
203 Conn. App. 652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giordano-v-giordano-connappct-2021.