Mangiante v. Niemiec

843 A.2d 656, 82 Conn. App. 277, 2004 Conn. App. LEXIS 132
CourtConnecticut Appellate Court
DecidedMarch 30, 2004
DocketAC 23789
StatusPublished
Cited by8 cases

This text of 843 A.2d 656 (Mangiante v. Niemiec) 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
Mangiante v. Niemiec, 843 A.2d 656, 82 Conn. App. 277, 2004 Conn. App. LEXIS 132 (Colo. Ct. App. 2004).

Opinion

Opinion

BISHOP, J.

The principal issues in this appeal are whether (1) the Uniform Transfers to Minors Act (act), General Statutes §§ 45a-557 through 45a-560b, establishes a fiduciary relationship between a custodian and a minor and whether (2) the trial court improperly concluded that the defendant breached her fiduciary duty by using custodial funds to satisfy her child support obligations. We affirm the judgment of the trial court.

[279]*279The relevant facts are as follows. In 1996, pursuant to the act, the defendant, Theresa Mangiante Niemiec, established a savings account in the amount of $3920 for the benefit of her daughter, the plaintiff, Christina M. Mangiante. The defendant was designated as the custodian of the account. Almost one year later, in January, 1997, the defendant and her husband were divorced. The dissolution decree was silent as to the funds placed in the account. It did, however, provide that the defendant was to pay her former husband, Robert Mangiante, $75 a week for the plaintiffs support in accordance with the child support guidelines.

On February 14, 1997, the defendant converted the funds in the custodial savings account into a custodial checking account. Again, the funds were placed into that account for the benefit of the plaintiff, and the defendant was designated as the custodian under the act. Every two weeks thereafter, the defendant wrote a $150 check to her husband out of that account until the funds were exhausted completely. The defendant described those transactions in her check register as “support for Cristina.” In June, 1998, the defendant closed the account. In her check register, she described her last two transactions as “Last [illegible] per CGS & Divorce Decree” and “per CGS — Graduation, Close Account.”

In May, 2000, the plaintiff commenced this action against the defendant. She alleged that that the defendant breached her fiduciaiy duty when she used the funds in the custodial checking account to satisfy her child support obligation under her dissolution decree.1 [280]*280After a trial to the court, judgment was rendered for the plaintiff on the ground that the defendant, as custodian of the plaintiffs bank account, had breached a fiduciary duty to the plaintiff by engaging in self-dealing.2

The defendant has appealed, claiming that the court improperly concluded that (1) a fiduciary relationship existed between a custodian and a minor under the act, and (2) the defendant breached her fiduciary duty by engaging in self-dealing. We reject both claims, which we address in turn.

I

The defendant’s first claim is that the court improperly construed General Statutes § 45a-558j of the act as establishing a fiduciary relationship between the custodian and minor. We disagree.

As a threshold matter, we set forth the applicable standard of review. The plaintiff is challenging the conclusion of the court with regard to the interpretation of § 45a-558j. Because issues of statutory interpretation raise questions of law, our review is plenary. Fleet National Bank’s Appeal From Probate, 267 Conn. 229, 237, 837 A.2d 785 (2004).

“According to our long-standing principles of statutory construction, our fundamental objective is to ascertain and give effect to the intent of the legislature. . . . In determining the intent of a statute, we look to the [281]*281words of the statute itself, to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter.” (Internal quotation marks omitted.) Johnson v. Mazza, 80 Conn. App. 155, 159, 834 A.2d 725 (2003).

Because the language of the statute is the most important consideration in determining the meaning of the statute, our interpretive task begins with the relevant statutory language. State v. Courchesne, 262 Conn. 537, 563, 816 A.2d 562 (2003) (en banc); see also Public Acts 2003, No. 03-154 (courts should first look to plain meaning of words of statute when interpreting statute’s meaning). Section 45a-558j, entitled “Powers of custodian,” provides in relevant part: “(a) A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that unmarried adult owners have over their own property including, to the extent applicable and consistent with sections 45a-557 to 45a-560b, inclusive, powers pursuant to section 45a-234, but a custodian may exercise those rights, powers and authority in that custodian’s fiduciary capacity only.” (Emphasis added.)

That provision states that the custodian has powers pursuant to General Statutes § 45a-234, which sets forth the powers of a fiduciary. Thus, § 45a-558j grants the custodian, when acting in a custodial capacity, fiduciary powers. Moreover, § 45a-558j (a) specifically provides that the custodian may exercise her powers in her “fiduciary capacity only.” A custodian cannot act in a fiduciary capacity unless the custodian has fiduciary powers. Accordingly, the plain language of the statute provides that the custodian is a fiduciary. To construe it otherwise would render the phrases “powers pursuant to section 45a-234” and “custodian’s fiduciary capacity” meaningless. “[I]t is a basic tenet of statutory [282]*282construction that the legislature [does] not intend to enact meaningless provisions. . . . [I]n construing statutes, we presume that there is a purpose behind every sentence, clause, or phrase used in an act and that no part of a statute is superfluous.” (Internal quotation marks omitted.) Fleet National Bank’s Appeal From Probate, supra, 267 Conn. 250. Thus, the clear language of § 45a-558j (a) provides that the legislature intended the custodian-minor relationship to be a fiduciary relationship.

In addition to the clear language of the statute, common-law principles governing fiduciary relationships support the court’s interpretation. “It is well settled that a fiduciary . . . relationship is characterized by a unique degree of trust and confidence between the parties, one of whom has superior knowledge, skill or expertise and is under a duty to represent the interests of the other.” (Internal quotation marks omitted.) Hi-Ho Tower, Inc. v. Com-Tronics, Inc., 255 Conn. 20, 38, 761 A.2d 1268 (2000). Moreover, “[t]he law will imply [fiduciary responsibilities] only where one party to a relationship is unable to fully protect its interests [or where one party has a high degree of control over the property ... of another] and the unprotected party has placed its trust and confidence in the other.” (Internal quotation marks omitted.) Id., 41.

In the present case, the overriding goal of the act is to preserve the property of the minor who, due to her age, was unable to protect her interests fully. To further that goal, the legislature granted the custodian control over the property of the minor and placed the custodian under a specific duty to act for the benefit of that minor.

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Cite This Page — Counsel Stack

Bluebook (online)
843 A.2d 656, 82 Conn. App. 277, 2004 Conn. App. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mangiante-v-niemiec-connappct-2004.