Grant v. Grant

CourtConnecticut Appellate Court
DecidedMarch 28, 2017
DocketAC37658
StatusPublished

This text of Grant v. Grant (Grant v. Grant) 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
Grant v. Grant, (Colo. Ct. App. 2017).

Opinion

****************************************************** The ‘‘officially released’’ date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ‘‘officially released’’ date appearing in the opinion. In no event will any such motions be accepted before the ‘‘officially released’’ date. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Con- necticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and 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 repro- duced and distributed without the express written per- mission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** JENNIFER GRANT v. WINSTON GRANT (AC 37658) DiPentima, C. J., and Beach and Sheldon, Js.* Submitted on briefs December 2, 2016—officially released March 28, 2017

(Appeal from Superior Court, judicial district of Fairfield, Hon. Howard T. Owens, Jr., judge trial referee.) David N. Rubin, for the appellant (defendant). Marissa L. Bigelli, for the appellee (plaintiff). Opinion

DiPENTIMA, C. J. The defendant, Winston Grant, appeals from the judgment of the trial court dissolving his marriage to the plaintiff, Jennifer Grant, and entering related financial orders. On appeal, the defendant claims that the court abused its discretion in (1) finding him in contempt for violating the court’s automatic orders, (2) ordering him to pay the plaintiff $30,425.981 from his retirement account within thirty days from the judgment and (3) finding that he owned real property in Jamaica and ordering him to pay the plaintiff $20,000 reflecting the plaintiff’s contributions to that property within four2 years. We agree with the defendant. Accord- ingly, we reverse in part the judgment of the trial court and remand the matter for further proceedings in accor- dance with this opinion. The following facts, which either were found by the court in its memorandum of decision or are undisputed in the record, and procedural history are relevant to our consideration of the issues raised on appeal. The parties were married on September 21, 1996, and did not have any children. The plaintiff commenced the present action seeking dissolution of the parties’ mar- riage on April 9, 2014. The commencement of this action included service of notice of the automatic orders in accordance with Practice Book § 25-5.3 At that time, the parties’ two main assets of any significance were their jointly owned multifamily house located at 391 Summerfield Avenue in Bridgeport where the plaintiff was residing and the defendant’s Chase retirement account worth $76,064.97. On September 16, 2014, several months prior to the dissolution trial, the plaintiff filed a motion for con- tempt, alleging that the defendant had violated the auto- matic orders. She also filed a motion for order regarding the defendant’s retirement account in which she requested that the court order the defendant to cease withdrawing funds from that account, to immediately replenish the account and for the remaining cash in that account to be placed into a trust account until trial.4 On September 26, 2014, the defendant filed an objection to the motion for contempt to which he affixed an accounting of expenses document. On January 15, 2015, the court, Hon. Howard T. Owens, Jr., judge trial referee, rendered judgment dis- solving the parties’ marriage and entered financial orders in a written memorandum of decision. With regard to the issues in this appeal, the court made the following findings and entered the following financial orders. In § 3 of its memorandum of decision, the court expressly stated: ‘‘The evidence is clear that the [defen- dant] has substantially depleted his retirement account. Subsequent to the service of the complaint in this mat- ter, he had available $76,064.97 in his retirement account. On April 21, 2014, and April 23, 2014, he totally depleted said account and paid taxes and penalties thereon. His withdrawals were clearly in violation of the court’s [automatic] orders and the court finds his conduct wilful and finds him in contempt. He shall immediately transfer the current value of his [retire- ment account] to [the plaintiff] (approximately $6700) and shall pay to her the sum of 40 percent of the $76,064.97 [i.e., $30,425.98] that he had in his depleted retirement [account] after being given a credit for inter- est and penalties paid thereon. Said sum shall be paid within thirty days from the date of this judgment.’’ In § 4, the court ordered: ‘‘The real property located at 391 Summerfield Avenue in Bridgeport shall be owned exclusively by the [plaintiff], and [she] shall be entitled to the rental income both current and past.’’ In § 5, the court ordered: ‘‘The real estate in Jamaica shall be the exclusive property of the [defendant]. However, the [defendant] shall pay to the [plaintiff] the sum of $20,000 that she has contributed to its upkeep and maintenance when said real estate is sold. If [the property] is not sold within four years, said sum, $20,000, shall be due and payable at that time . . . .’’ The defendant filed the present appeal, challenging the court’s contempt finding and these financial orders. On April 13, 2015, the defendant filed a motion for articulation in which he asked the trial court to articu- late, among other things, whether it concluded that he had violated the automatic orders provisions of Practice Book § 25-5 by depleting his retirement account to pay for such things as taxes, attorney fees, rent, food and furniture. The defendant also asked the trial court to articulate whether it concluded that he owned the prop- erty in Jamaica, and if so, the basis for this factual finding. On May 11, 2015, the court denied the defen- dant’s motion for articulation. On May 19, 2015, the defendant filed with this court a motion for review of the trial court’s denial of his motion for articulation, which was granted, and this court ordered the relief requested by the defendant. On August 18, 2015, the trial court filed responses in accordance with our order. In its articulation, the trial court explained that it found the defendant in violation of the automatic orders, that the defendant had spent $76,064.97 from his retirement account on customary and usual household expendi- tures which it further stated were not in violation of the automatic orders, and that the defendant was the exclusive owner of the property in Jamaica, but the court did not cite any evidence supporting its findings. On August 27, 2015, the defendant filed with this court a second motion for review of the trial court’s failure to fully respond to his requests for articulations four and six, which asked what amount of his retirement account it determined to be spent on customary and usual household expenditures and the amount that was spent on expenditures in violation of the court’s auto- matic orders.

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Bluebook (online)
Grant v. Grant, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grant-v-grant-connappct-2017.