Mazza v. Mazza

216 Conn. App. 285
CourtConnecticut Appellate Court
DecidedNovember 1, 2022
DocketAC44984
StatusPublished
Cited by1 cases

This text of 216 Conn. App. 285 (Mazza v. Mazza) 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
Mazza v. Mazza, 216 Conn. App. 285 (Colo. Ct. App. 2022).

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. *********************************************** WENDY M. MAZZA v. SAMUEL T. MAZZA, JR. (AC 44984) Elgo, Suarez and DiPentima, Js.

Syllabus

The defendant, whose marriage to the plaintiff previously had been dis- solved, appealed to this court from the judgment of the trial court granting the plaintiff’s postjudgment motion for contempt. The plaintiff alleged that the defendant violated a provision of the parties’ separation agreement, which had been incorporated into the judgment of dissolu- tion, requiring the defendant to pay to the plaintiff 50 percent of ‘‘all awards’’ that the defendant received from a workers’ compensation proceeding that had been initiated when the defendant suffered a work- related injury during their marriage. Following the judgment of dissolu- tion, the defendant entered into a stipulation that resolved the workers’ compensation proceeding. The defendant thereafter failed to pay the plaintiff 50 percent of the workers’ compensation award, totaling approx- imately $250,000, which the defendant received pursuant to the stipula- tion. The defendant, however, used a portion of the workers’ compensa- tion award to purchase a property in Kent. Having determined that the separation agreement clearly and unambiguously defined the term ‘‘all awards’’ to include the money the defendant received as part of the stipulation, the trial court granted the motion for contempt and ordered the defendant either to pay the plaintiff the money to which she was entitled or, as alternative relief, to transfer to the plaintiff the title to the Kent property. The defendant was ordered not to transfer, mortgage or in any way diminish the value of the Kent property prior to his full compliance with the court’s contempt order. On the defendant’s appeal to this court, held: 1. The trial court properly granted the plaintiff’s motion for contempt, that court having correctly determined that the parties’ separation agreement was unambiguous in that the phrase ‘‘all awards’’ properly included the defendant’s compensation payment he received as a result of the stipulation: although the parties’ settlement agreement did not define the phrase ‘‘all awards,’’ the plain and ordinary meaning of those terms clearly encompassed the defendant’s $250,000 workers’ compensation payment, the parties’ use of the term ‘‘all’’ in the agreement indicated that their intention was that the plaintiff would be entitled to a portion of each and every workers’ compensation payment, and the defendant’s claim that the parties’ did not contemplate dividing workers’ compensa- tion awards intended for medical expenses was unavailing, as this inter- pretation had no basis in the plain language of the agreement insofar as the parties did not place any limitation as to which portions of a workers’ compensation award the defendant must pay to the plaintiff, and there was no language in the agreement permitting the defendant to unilaterally withhold from his workers’ compensation payment funds that were attributable to medical expenses; moreover, the distinction the defendant attempted to draw between an award issued by an adminis- trative law judge pursuant to statute (§ 31-300) and a voluntary agree- ment pursuant to statute (§ 31-296) was without any basis, as there was no reference to any statutory provisions in the separation agreement and, thus, no indication that the parties relied on the meaning of ‘‘award,’’ as that term is used in any statute. 2. The trial court did not abuse its discretion in determining that the defen- dant wilfully violated the separation agreement, the record having suffi- ciently demonstrated that the defendant agreed to pay to the plaintiff 50 percent of all of his workers’ compensation awards, but, upon receipt of his workers’ compensation payment, he used the funds for his own purposes rather than complying with the separation agreement; in the present case, although the defendant claimed that his conduct was not wilful because he relied on the advice of his worker’s compensation counsel, the trial court expressly found that it did not find the defendant’s testimony credible, and this court would not reconsider on appeal the defendant’s testimony at the contempt hearing, and, even if this court credited such testimony, his testimony failed to establish that he relied on counsel’s advice or that counsel advised him not to pay any portion of the workers’ compensation award to the plaintiff; furthermore, the defendant offered no explanation as to why he previously paid the plaintiff 50 percent of a workers’ compensation award of $10,000, but failed to remit any of the $250,000 payment at issue. 3. The trial court did not improperly order alternative relief regarding the Kent property in granting the plaintiff’s motion for contempt, as the ordered relief was a proper exercise of its remedial contempt authority to effectuate the terms of the judgment of dissolution: because the Kent property was purchased by the defendant postdissolution with the funds from the award and thus was not contemplated by the property provision of the separation agreement, the trial court had the authority to include the Kent property in its contempt orders as the plaintiff did not explicitly seek to modify the parties’ property assignment but, instead, sought to enforce the practical effect of the original dissolution judgment; more- over, the evidence demonstrated that the defendant did not have the available liquid funds to pay the plaintiff, and, having transformed the funds from the workers’ compensation award intended for the plaintiff into nonliquid assets, including the Kent property, the defendant forced the court to consider alternative remedies in order to protect the integrity and purpose of the settlement agreement, and the court left the defen- dant with the possibility that he can pay the plaintiff the money to which she is entitled instead of transferring the Kent property. Argued May 9—officially released November 1, 2022

Procedural History

Action for the dissolution of a marriage, and for other relief, brought to the Superior Court in the judicial dis- trict of Danbury, where the court, Winslow, J., rendered judgment dissolving the marriage and granting certain other relief in accordance with the parties’ separation agreement; thereafter, the court, Truglia, J., granted the plaintiff’s motion for contempt, and the defendant appealed to this court. Affirmed. Alexander Copp, with whom was Neil R. Marcus, for the appellant (defendant). Kathy Boufford, for the appellee (plaintiff). Opinion

ELGO, J. The defendant, Samuel T.

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Cite This Page — Counsel Stack

Bluebook (online)
216 Conn. App. 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mazza-v-mazza-connappct-2022.