Jenks v. Jenks

642 A.2d 31, 34 Conn. App. 462, 1994 Conn. App. LEXIS 173
CourtConnecticut Appellate Court
DecidedMay 24, 1994
Docket12017
StatusPublished
Cited by18 cases

This text of 642 A.2d 31 (Jenks v. Jenks) 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
Jenks v. Jenks, 642 A.2d 31, 34 Conn. App. 462, 1994 Conn. App. LEXIS 173 (Colo. Ct. App. 1994).

Opinion

O’Connell, J.

The plaintiff appeals challenging the opening of the judgment in this dissolution of marriage action, as well as the postjudgment allowance of attorney’s fees to the defendant to defend this appeal and a finding that he was in contempt of court.

Initially, the plaintiff claims that (1) there was no legal basis for opening the judgment and (2) the trial court improperly allowed an expert to give an opinion. In two amended appeals, the plaintiff claims additionally that the trial court improperly (1) evaluated the respective financial positions of the parties in granting the allowance to the defendant to defend the appeal, (2) considered whether the plaintiff was justified in taking the appeal in granting the allowance to defend, and (3) found the plaintiff in contempt of court for failure to commence alimony payments on a specific date. We affirm in part and reverse in part.

On February 13, 1991, the plaintiff commenced this action seeking a dissolution of the parties’ marriage. In August, 1991, the parties participated in a media[464]*464tion session and in September, 1991, they participated in a pretrial conference, which resulted in an agreement that was never consummated. On November 27, 1991, the parties again appeared for a pretrial conference, and continued negotiations that culminated in a signed written stipulation. The same day, the stipulation was submitted to and approved by the trial court, Dranginis, J., which ordered the stipulation incorporated into the dissolution decree.

On December 10,1991, the defendant wrote to Judge Dranginis expressing dissatisfaction with the judgment and stating, inter alia, that “I should have gone for the battered woman angle, it might have worked more in my favor.”

On January 9, 1992, the defendant, through new counsel, filed a motion to open the judgment alleging that she was a “long term emotionally battered spouse who was on medication for stress and anxiety,” that she had “entered into the Stipulation under extreme emotional duress caused by both the long term emotional abuse by the plaintiff as well as the circumstances of negotiations in the courthouse,” and that the stipulation was entered into as a result of “undue influence and the defendant was unable to make a meaningful decision.” Following an evidentiary hearing, the trial court, Susco, J., granted the motion and, in a memorandum of decision filed April 24, 1992, stated that “[gjiven the history of ultimatums without explanation which preceded the pretrial and the plaintiffs own behavior as it relates to the defendant, the court finds that the agreement was the product of duress. The court does find that the claim of undue influence is not supported by the evidence in that the plaintiff himself did not attempt to exert influence over the defendant during the months preceding November, 1991.” After the opening, the case was reheard before the trial court, Pickett, J., which modified the orders of the stipulated [465]*465judgment. Thereafter, Judge Pickett granted the defendant’s motion for attorney’s fees to defend the appeal and subsequently granted her motion for contempt. Those latter orders are the subject of part II of this opinion.

Additional facts necessary for disposition of the appeal are set forth in the course of our analysis.

I

Original Appeal

The plaintiff first claims that the trial court, Susco, J., abused its discretion in opening the original dissolution judgment. We commence our analysis with the observation that this judgment was rendered as a result of a written stipulation. Although such a judgment is in effect a contract between the parties rather than an adjudication on the merits, it is just as conclusive as if it had been rendered after a full trial on controverted facts. Gillis v. Gillis, 214 Conn. 336, 339, 572 A.2d 323 (1990); Kenworthy v. Kenworthy, 180 Conn. 129, 131, 429 A.2d 837 (1980); Brian v. Reynolds, 143 Conn. 456, 460-61, 123 A.2d 192 (1956). It is firmly established in Connecticut, however, that opening a contractually based judgment is different from opening a judgment following a fully litigated case. A contractually based judgment may be opened only if the trial court finds fraud, duress, accident or mistake. Connecticut Pharmaceutical Assn., Inc. v. Milano, 191 Conn. 555, 558, 468 A.2d 1230 (1983); Celanese Fiber v. Pic Yarns, Inc., 184 Conn. 461, 466, 440 A.2d 159 (1981).

Of these four possible grounds for opening a contractual judgment, the trial court relied on duress in the present case. The classical or common law definition of duress is “any wrongful act of one person that compels a manifestation of apparent assent by another to a transaction without his volition.” 25 Am. Jur. 2d, [466]*466Duress and Undue Influence § 1 (1966). Inherent in the term is an implication of feebleness on one side and overpowering strength on the other. United States v. Bethlehem Steel Corp., 315 U.S. 289, 300, 62 S. Ct. 581, 86 L. Ed. 853 (1941). The duress must be imposed on the defendant at or about the time the defendant enters into the contract. 25 Am. Jur. 2d, Duress and Undue Influence § 14 (1966); see Shlensky v. Shlensky, 369 Ill. 179, 183, 15 N.E.2d 694 (1938).

Common law or classical duress was narrowly construed and required acts that were sufficient to overcome the mind and will of a person of ordinary firmness. “However, there has been a gradual relaxation of these rules and under the modern doctrine of duress, the pressure applied does not have to be such as to overcome the will . . . of a [person] of ordinary firmness but is sufficient if it in fact overcomes the will of the person against whom it is applied. In other words, any wrongful act or threat which actually compels the victim to act against his will constitutes duress.” 25 Am. Jur. 2d, Duress and Undue Influence § 3 (1966). Under the modern rule we look to the effect of the wrongful acts on a particular person rather than to the hypothetical effect on a person of ordinary firmness.

The evidence in the present case showed that there was little or no contact between the parties for more than a month prior to the dissolution. On November 27, 1991, the parties arrived at court separately and remained in different areas of the courthouse while their attorneys acted as intermediaries. Only when the agreement was ready for final review and execution did the parties come together. This meeting was in the presence of both attorneys in the jury assembly room where each placidly reviewed the agreement. There is no evidence of any duress remotely contemporaneous with the execution of the agreement.

[467]*467The defendant contends that the law no longer requires that the defendant’s acts be approximately contemporaneous with the execution of the agreement.

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Bluebook (online)
642 A.2d 31, 34 Conn. App. 462, 1994 Conn. App. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenks-v-jenks-connappct-1994.