Kammili v. Kammili

197 Conn. App. 656
CourtConnecticut Appellate Court
DecidedJune 2, 2020
DocketAC41576
StatusPublished
Cited by1 cases

This text of 197 Conn. App. 656 (Kammili v. Kammili) 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
Kammili v. Kammili, 197 Conn. App. 656 (Colo. Ct. App. 2020).

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. *********************************************** SRINIVAS KAMMILI v. SAISUDHA KAMMILI (AC 41576) Alvord, Prescott and Lavery, Js.

Syllabus

The plaintiff appealed to this court from the judgment of the trial court dissolving his marriage to the defendant, claiming that the trial court inequitably distributed the parties’ marital property, improperly declined to admit many of his exhibits into evidence, and failed to address several of his pretrial motions in a timely manner. Held: 1. The trial court did not abuse its discretion in distributing the marital property, this court having concluded that, based on a consideration of the plaintiff’s arguments and an independent review of the overall distribution and the record, that the court’s distribution of the property was not improper; the trial court could have concluded from the defen- dant’s testimony and other evidence that the defendant did not withdraw funds from the parties’ joint bank accounts in violation of the automatic court orders, and, based on that conclusion and the relevant statutory criteria, decided that it was appropriate to allow each party to retain his or her respective bank accounts as part of the overall distribution of marital property; moreover, because the plaintiff agreed with the trial court that it did not have jurisdiction to distribute property not owned by either party, he waived that part of his claim concerning the distribu- tion of real property owned by the defendant’s father, and, taking into account the financial standing of the parties at the time of trial, the trial court’s order to sell one of the parties’ homes was not improper; furthermore, in light of this court’s decision in Picton v. Picton (111 Conn. App. 143), and having reviewed the trial court’s overall distribution of marital property and the record, the trial court did not improperly order that the plaintiff either return the defendant’s jewelry to her or forfeit $50,000 of his share of the proceeds from the sale of one of their homes. 2. This court declined to review the plaintiff’s claim that the trial court abused its discretion when it declined to admit his exhibits into evidence due to an inadequate record; the plaintiff never requested that any of the excluded exhibits be marked for identification, and he did not point to an adequate substitute in the record that would allow this court to analyze the contents of his excluded evidence. 3. The trial court did not abuse its discretion by not adjudicating the plaintiff’s outstanding pretrial motions until after the trial concluded, the plaintiff having failed to demonstrate that he was harmed by either the timing or substance of the trial court’s decisions; at a pretrial status conference the plaintiff indicated, after the trial court had addressed various discov- ery issues, that he had everything he needed to try the case thereby conceding that he was not harmed by the timing of the court’s adjudica- tion of his discovery related pretrial motions; moreover, the plaintiff did not assert that the court incorrectly denied any of his pretrial motions and could not demonstrate that he was harmed by the substance of the court’s decisions. Argued December 9, 2019—officially released June 2, 2020

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, where the court, Prestley, J., rendered judgment dissolving the marriage and granting certain other relief, from which the plaintiff appealed to this court. Affirmed. David V. DeRosa, for the appellant (plaintiff). Steven R. Dembo, with whom were Caitlin E. Koz- loski, and, on the brief, P. Jo Anne Burgh, for the appel- lee (defendant). Opinion

PRESCOTT, J. The plaintiff, Srinivas Kammili, appeals from the judgment of the trial court dissolving his marriage to the defendant, Saisudha Kammili. The plaintiff makes numerous claims1 on appeal, including that the trial court (1) improperly declined to admit many of his exhibits into evidence, (2) failed to address several of his pretrial motions in a timely manner, and (3) inequitably distributed the marital property, specifi- cally, the parties’ bank accounts, real property, and certain gold jewelry.2 We disagree with the plaintiff and, accordingly, affirm the judgment of the court. The record reveals the following facts and procedural history. The plaintiff commenced this marital dissolu- tion action on March 30, 2017. The parties tried the case to the court on January 25 and 26, 2018. Although the plaintiff was represented by an attorney when he commenced this action, he ultimately represented him- self at trial. The trial court issued a memorandum of decision on April 3, 2018, in which it dissolved the parties’ marriage and, among other things, distributed the parties’ assets.3 The court, in its decision, also entered additional orders concerning, inter alia, eleven outstanding pretrial motions. On April 19, 2018, the plaintiff filed a motion to rear- gue, in which he raised, inter alia, many of the claims he brings in this appeal. The court denied the plaintiff’s motion to reargue. This appeal followed. Additional facts will be set forth as necessary. I The plaintiff first argues that the trial court improp- erly declined to admit ‘‘at least [twenty]’’ of his exhibits into evidence because he failed to comply with the trial management order.4 Moreover, the plaintiff asserts that the trial court’s refusal to admit his exhibits harmed him because it prevented the court from comprehending his assertion that certain real property in India, which was owned in whole or in part by individuals other than the parties to the action, should nonetheless be distributed as marital property.5 Ultimately, the plaintiff claims that the court’s refusal to admit many of his exhibits consti- tuted an abuse of discretion. We decline to review this claim. We begin by stating the well settled principles con- cerning this court’s ability to review a party’s eviden- tiary claims. ‘‘It is the responsibility of the appellant to provide an adequate record for review.’’ Practice Book § 61-10 (a); see also Practice Book § 60-5. Importantly, if a party challenging an evidentiary ruling on appeal ‘‘failed to have [an excluded exhibit] marked for identifi- cation, it is not part of the record and [this court is] unable to review the ruling which excluded it from admission into evidence.’’ Carpenter v. Carpenter, 188 Conn. 736, 745, 453 A.2d 1151

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Bluebook (online)
197 Conn. App. 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kammili-v-kammili-connappct-2020.