Panganiban v. Panganiban

736 A.2d 190, 54 Conn. App. 634, 1999 Conn. App. LEXIS 336
CourtConnecticut Appellate Court
DecidedAugust 31, 1999
DocketAC 18072
StatusPublished
Cited by21 cases

This text of 736 A.2d 190 (Panganiban v. Panganiban) 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
Panganiban v. Panganiban, 736 A.2d 190, 54 Conn. App. 634, 1999 Conn. App. LEXIS 336 (Colo. Ct. App. 1999).

Opinion

Opinion

SPEAR, J.

The defendant, Alan Panganiban, appeals from the judgment of the trial court dissolving his marriage to the plaintiff, Roxanna Panganiban, awarding alimony to the plaintiff, ordering the defendant to obtain certain life insurance policies and awarding attorney’s fees to the plaintiff. He claims that the trial court improperly (1) exercised personal jurisdiction over him pursuant to General Statutes § 46b-46 without the prerequisite showing of minimum contacts with Connecticut and, alternatively, if the court had personal jurisdiction, it abused its discretion in making the award of alimony, (2) ordered him to obtain and maintain life insurance without any evidence of insurability, availability or cost of such insurance and (3) awarded attorney’s fees to the plaintiff in the amount of $3500. We reverse the judgment with respect to the life insurance and the amount of attorney’s fees and affirm the judgment in all other respects.

The plaintiff commenced the present action in May, 1996, seeking, inter alia, a dissolution of the parties’ marriage, alimony and counsel fees. Counsel for the defendant appeared and timely moved to dismiss those portions of the complaint that sought financial orders on the ground that the trial court lacked in personam jurisdiction over the defendant. The trial court concluded that § 46b-46 (b) was not unconstitutional as [636]*636applied to the defendant in this case because the defendant had sufficient contacts with Connecticut to justify the exercise of personal jurisdiction; accordingly, the trial court denied the motion to dismiss.

A hearing on the dissolution action was held before the trial court on November 12, 1997. The plaintiff, her counsel and the defendant’s attorney were present, but the defendant did not appear. The trial court made the following findings of fact with respect to the defendant’s contacts with Connecticut.1

The parties were married on April 7, 1979, in New London. At the time of the marriage, the defendant was unemployed and was receiving public assistance. The defendant was out of work during most of the time that he resided in Connecticut after the marriage and was continuously unemployed from April, 1981, to sometime in 1985. The defendant frequently received public assistance from the date of the marriage through March, 1985, when he left Connecticut.

One child was bom of the marriage on May 23,1981. Prior to the defendant’s departure from Connecticut, the parties filed joint tax returns as Connecticut residents, enrolled the child in the public school system and maintained bank accounts in this state. After the defendant left Connecticut in 1985, the plaintiff and the child required public assistance.

The plaintiff saw the defendant when he visited members of his family in Connecticut and unsuccessfully sought support from him when she saw him in 1986 and 1989. Prior to instituting this action, the plaintiff last saw the defendant in Connecticut at his mother’s funeral in 1989. The plaintiff had no contact with the [637]*637defendant from 1989 until this action was commenced in 1996.

In September, 1992, the defendant won $16,000,000 in the Delaware Powerball lottery.2 Pursuant to the lottery rules, the defendant receives annual installments of $800,000 each year until the $16,000,000 is paid. The plaintiff learned about the defendant’s good fortune after a note was left at her son’s school in which the defendant requested that the plaintiff contact him.

Due to limited financial resources, the plaintiff was unable to commence a dissolution action until May, 1996. During the separation of the parties, the plaintiff never represented to the defendant that she had obtained a divorce.

The trial court dissolved the marriage, awarded sole custody of the minor child to the plaintiff,3 awarded alimony in the amount of $6000 per month to the plaintiff for a term of ten years, ordered the defendant to secure the alimony award with an insurance policy in the amount of $360,0004 and allowed counsel fees of $3500. This appeal followed.

I

A

The defendant first claims that the trial court improperly included financial orders in the dissolution judgment without personal jurisdiction over him in violation [638]*638of his constitutional right to due process. Our inquiry with respect to jurisdiction is twofold. First, the requirements of § 46b-465 must be satisfied. Second, the exercise of personal jurisdiction must comport with the well established principles of due process. The defendant concedes that the requirements of § 46b-46 are satisfied. We conclude that the trial court properly denied the motion to dismiss because the defendant did have sufficient contact with Connecticut and the exercise of jurisdiction in this case does not offend the traditional notions of fair play and substantial justice.

The due process clause of the fourteenth amendment to the United States constitution operates as a limitation on the jurisdiction of state courts to enter judgments affecting rights or interests of nonresident defendants. Shaffer v. Heitner, 433 U.S. 186, 198-200, 97 S. Ct. 2569, 53 L. Ed. 2d 683 (1977). “ ‘The due process clause protects an individual’s liberty interest in not being subject [639]*639to the binding judgments of a forum with which he has established no meaningful contacts, ties, or relations. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 471-72, 105 S. Ct. 2174, 85 L. Ed. 2d 528 (1984). The United States Supreme Court has held that the test to be applied in considering the reach of personal jurisdiction is whether (1) the nonresident party has created a substantial connection to the forum state by action purposefully directed toward the forum state or otherwise invoking the benefits and protections of the laws of the state, and (2) the exercise of jurisdiction based on those minimum contacts would not offend traditional notions of fair play and substantial justice. Asahi Metal Industry Co. v. Superior Court, 480 U.S. 102, 111-12, 107 S. Ct. 1026, 94 L. Ed. 2d 92 (1987); Burger King Corp. v. Rudzewicz, supra, 475-76; Hanson v. Denckla, 357 U.S. 235, 253, 78 S. Ct. 1228, 2 L. Ed. 2d 1283 (1958). As long as it creates a substantial connection with the forum state, even a single act can support jurisdiction. McGee v. International Life Ins. Co., 355 U.S. 220, 223, 78 S. Ct. 199, 2 L. Ed. 2d 223 (1957).’ Cashman v. Cashman, 41 Conn. App. 382, 389, 676 A.2d 427 (1996).” Tri-State Tank Corp. v. Higganum Heating, Inc., 45 Conn. App. 798, 802-803, 699 A.2d 201 (1997).

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Bluebook (online)
736 A.2d 190, 54 Conn. App. 634, 1999 Conn. App. LEXIS 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/panganiban-v-panganiban-connappct-1999.