Nashid v. Andrawis

847 A.2d 1098, 83 Conn. App. 115, 2004 Conn. App. LEXIS 225
CourtConnecticut Appellate Court
DecidedMay 25, 2004
DocketAC 20916
StatusPublished
Cited by21 cases

This text of 847 A.2d 1098 (Nashid v. Andrawis) 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
Nashid v. Andrawis, 847 A.2d 1098, 83 Conn. App. 115, 2004 Conn. App. LEXIS 225 (Colo. Ct. App. 2004).

Opinion

Opinion

DiPENTIMA, J.

In this appeal from the judgment in the parties’ marital dissolution action, the defendant, Ramez Andrawis, claims that the trial court improperly (1) considered his in-court behavior at trial as a factor when determining the cause of the marital breakdown, (2) delegated its judicial authority to the attorney for the minor child and (3) entered a time limited alimony order that was unsupported by the evidence. We affirm in part and reverse in part the judgment of the trial court.

The parties, both physicians, were married in 1985. They have two children. Between 1988 and 1990, the defendant completed two years of a preliminary surgical residency program at New Britain General Hospital. He spent the next three years in a residency program in the Bronx, New York. While the defendant was working in the Bronx, the plaintiff, Nadia Nashid, resided in Connecticut. During that time, she established herself in the local medical community of northeastern Connecticut, becoming a partner at Pathology Associates of Windham, P.C., where she earned a base salary of [117]*117$217,000. From the summer of 1993 through 1995, the plaintiff and the defendant resided together in Connecticut. In 1995, the defendant commenced a residency in urology at George Washington Medical Center in Washington, D.C. He completed the residency in July, 1999, and began working full-time at George Washington University Hospital at an annual salary of $118,000. Over the course of the summer of 1995, the plaintiff and the defendant quarreled over whether the family should relocate to Washington, D.C. The plaintiff also testified that she was the victim of the defendant’s verbal and physical abuse.

At trial, the plaintiff called John Felber, a physician, to testify regarding the board certification of urologists and the range of income of a board certified urologist. After the trial, the court issued a memorandum of decision. The decision established financial orders and contained orders dissolving the marriage and establishing a parenting plan. The defendant was ordered to pay $148 per week in child support while the plaintiff was ordered to pay nonmodifiable alimony in the amount of $2500 per month for a period of four years. Additional relevant facts will be set forth as necessary.

I

The defendant first claims that the court improperly considered his demeanor at trial as a factor when determining the cause of the marital breakdown. We disagree.

Our standard of review in domestic relations cases is well settled. “We will generally not disturb an order unless the court has abused its legal discretion or its findings have no reasonable basis in the facts. ... In determining whether there has been an abuse of discretion, the unquestioned rule is that great weight is due to the action of the trial court and every reasonable presumption should be given in favor of its correctness. [118]*118. . . [W]e do not review the evidence to determine whether a conclusion different from the one reached could have been reached. . . . Further, we must accept the factual findings of the court unless they are clearly erroneous in light of the evidence presented in the record as a whole.” (Citations omitted; internal quotation marks omitted.) Syragakis v. Syragakis, 79 Conn. App. 170, 173, 829 A.2d 885 (2003).

The defendant relies on Roach v. Roach, 20 Conn. App. 500, 568 A.2d 1037 (1990). His reliance is misplaced. As the defendant correctly states, Roach stands for the proposition that the demeanor of a party testifying at trial cannot be the basis of the breakdown of the marriage because the cause of the dissolution, by necessity, must have occurred prior to trial. Id., 507. That is not the case here, where the court observed the defendant’s in-corut behavior and used it to make a conclusion regarding the defendant’s credibility. That assessment of credibility at trial is proper because “it was the sole province of the court to determine the credibility of the witnesses and the weight to be given to the evidence. The trial court, as the finder of fact, is in the best position to assess the credibility of the witnesses testifying before it.” (Internal quotation marks omitted.) Petronella v. Venture Partners, Ltd., 60 Conn. App. 205, 212-13, 758 A.2d 869 (2000), appeal dismissed, 258 Conn. 453, 782 A.2d 97 (2001).

In its articulation of decision filed May 14, 2003, the court stated that “the plaintiff is the more credible witness with regard to issues financial and custodial. The testimony of Dr. Laura Gunther is persuasive with regard to custodial issues, and the testimony of [Felber] is persuasive regarding the defendant’s financial potential. Coupled with the court’s observations of the behavior of the defendant and the plaintiffs credibility regarding finances, the economic history and the parental history of the marriage, the court found that the [119]*119defendant’s behavior was the cause of the breakdown of the marriage and entered orders regarding visitation, alimony, the qualified domestic relations order and the property distribution.” (Emphasis added.) In a second articulation, the court stated that “after observing each party’s behavior at the trial and assessing their credibility as witnesses when each dealt with issues of fault and causality, the court assigned the defendant husband a meaningful role in the breakdown of the marriage.” In its final articulation, the court stated that the “defendant’s behavior, his speech, his body language, his testimony, were all bases for the court’s conclusion that the defendant lacked credibility.” (Emphasis added.) In this case, the court’s articulations make it clear that the court considered, as it may, the defendant’s behavior in reaching the conclusion that the defendant lacked credibility. It did not, as the defendant claims, base its decision regarding the cause of the dissolution on the defendant’s behavior at txial. Moreover, “a trial court enjoys a wide latitude in the type of finding it may make as to the cause of the dissolution.” Henin v. Henin, 26 Conn. App. 386, 390, 601 A.2d 550 (1992). We conclude, therefore, that the court did not abuse its discretion.

II

The defendant next claims that the court improperly delegated its judicial authority. Specifically, the defendant cites Masters v. Masters, 201 Conn. 50, 64-65, 513 A.2d 104 (1986), for the proposition that only a Superior Court judge can make binding decisions regarding substantive parenting issues. We agree with the defendant.

The issue was not raised at trial. In fact, the parties agreed to the specific provisions delegating the judicial authority. Accordingly, the defendant requests that we review the issue under the plain error doctrine. See Practice Book § 60-5. “Review under the plain error doctrine ... is reserved for truly extraordinary sitúa[120]

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Cite This Page — Counsel Stack

Bluebook (online)
847 A.2d 1098, 83 Conn. App. 115, 2004 Conn. App. LEXIS 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nashid-v-andrawis-connappct-2004.