Krahel v. Czoch

CourtConnecticut Appellate Court
DecidedNovember 6, 2018
DocketAC40521
StatusPublished

This text of Krahel v. Czoch (Krahel v. Czoch) 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
Krahel v. Czoch, (Colo. Ct. App. 2018).

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. *********************************************** WIOLETTA KRAHEL v. MARIUSZ CZOCH (AC 40521) DiPentima, C. J., and Keller and Elgo, Js.

Syllabus

The defendant appealed to this court from the judgment of the trial court dissolving his marriage to the plaintiff and making certain financial orders. During the dissolution proceedings, the defendant failed to com- ply with a discovery order that sought financial documents relating to his personal finances and construction business for several years. Thereafter, the trial court granted the plaintiff’s motion to preclude the defendant from providing evidence in the form of documents and records relating to the discovery order. During trial, the defendant attempted to provide testimony related to the financial matters contained in the preclusion order, but the court sustained the plaintiff’s objections thereto, effectively entering a sanction against the defendant. As part of the dissolution judgment, the court had ordered the parties to submit to binding arbitration if they were unable to divide their personal prop- erty by agreement. Subsequently, after trial, the court granted the plain- tiff’s motion for an order to effectuate the judgment and ordered the parties to submit to mediation, in lieu of arbitration, if they could not reach an agreement regarding the division of personal property. On appeal to this court, the defendant claimed, inter alia, that the trial court improperly sanctioned him for violating the discovery order, and improperly entered orders for arbitration and mediation regarding the parties’ personal property. Held: 1. The trial court properly entered an order of sanctions for the defendant’s violation of the discovery order: that court’s finding that the defendant violated the discovery order was not clearly erroneous, as the defendant effectively conceded that the discovery order was reasonably clear, it was undisputed that he failed to produce several documents by the deadline set forth in the order, and the defendant’s counsel admitted at trial that it was the defendant’s duty to provide the requested informa- tion; moreover, the sanction imposed was proportional to the violation and did not reflect an abuse of the trial court’s discretion, as the noncom- pliance with the order was attributed to the defendant rather than legal counsel, the plaintiff would have been prejudiced if the preclusion order had not been entered, and the defendant’s claim that the sanction of precluding documents would have been more appropriate than preclud- ing testimony was unavailing. 2. The trial court’s order of mediation was an effectuation of the existing judgment, rather than a modification of it, as it was proper for the court, upon the plaintiff’s motion, to protect the integrity of its original ruling by fixing the error regarding the order of arbitration, for which the court lacked the authority to issue: nevertheless, because the trial court failed to distribute the personal property and left the parties without a remedy for the distribution of their personal property, the court erred in entering the mediation order to the extent that the order was silent as to whether the court retained its authority to resolve any dispute in the event the mediation proved unsuccessful, as courts do not retain continuing jurisdiction over orders of property distribution, the trial court here did not expressly reserve jurisdiction as requested by the plaintiff in her motion, and although mediation may have been an appropriate mecha- nism for the court to utilize after trial and prior to rendering judgment, the court was not relieved of its duty to make the ultimate determination of distributing personal property at the time of judgment as mandated by statute (§ 46b-81); accordingly, the trial court erred only to the extent that it failed to reserve final judgment until there was a resolution of the distribution of the remaining items of personal property. 3. The trial court did not abuse its discretion in awarding the defendant a chose in action for $495,000; although the defendant claimed that the court erred in awarding him an uncollectable debt because there was no evidence from which the court could reasonably have concluded that he could collect $495,000 from the plaintiff’s father, the evidence in the record to support the court’s finding that the asset had a value of $495,000 was the defendant’s own financial affidavit, in which he averred that such sum of money was due to him, the court was entitled to rely on the defendant’s sworn affidavit as to the value of that claimed asset and the defendant failed to present any admissible evidence to challenge that value. 4. The trial court did not abuse its discretion in entering a financial order requiring the defendant to pay a debt in the amount $67,500 to his father- in-law; the defendant’s claim that he did not have any means to make the payment was not substantiated by evidence in the record, and his claim that it was illogical to order him to pay a debt to a person who owed him more money was not supported by case law. Argued May 14—officially released November 6, 2018

Procedural History

Action for the dissolution of a marriage, and for other relief, brought to the Superior Court in the judicial dis- trict of Stamford and tried to the court, Gould, J.; judg- ment dissolving the marriage and granting certain other relief, from which the defendant appealed to this court; thereafter, the court, Gould J., granted the plaintiff’s motion for an order to effectuate the judgment, and the defendant filed an amended appeal with this court. Reversed in part; further proceedings. Jeffrey D. Ginzberg, for the appellant (defendant). Yakov Pyetranker, for the appellee (plaintiff). Opinion

ELGO, J. The defendant, Mariusz Czoch, appeals from the judgment of the trial court dissolving his marriage to the plaintiff, Wioletta Krahel. On appeal, the defendant claims that the court improperly (1) sanctioned him for violating a discovery order that precluded him from testifying about his current financial condition and busi- ness, (2) entered orders for arbitration and mediation relative to personal property leaving the dispute unre- solved at the time of judgment, and (3) awarded a chose in action and obligation to repay a debt. We agree in part with the defendant’s second claim and, accordingly, reverse in part the judgment of the trial court. The following facts, as found by the trial court, and procedural history are relevant to our resolution of this appeal. The parties, who both immigrated to the United States from Poland, married in Stamford on January 26, 2005.

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Krahel v. Czoch, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krahel-v-czoch-connappct-2018.