Wilkes v. Wilkes, No. Fa95 0147168 S (Mar. 26, 1997)

1997 Conn. Super. Ct. 3190
CourtConnecticut Superior Court
DecidedMarch 26, 1997
DocketNo. FA95 0147168 S A.C. 16901
StatusUnpublished

This text of 1997 Conn. Super. Ct. 3190 (Wilkes v. Wilkes, No. Fa95 0147168 S (Mar. 26, 1997)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilkes v. Wilkes, No. Fa95 0147168 S (Mar. 26, 1997), 1997 Conn. Super. Ct. 3190 (Colo. Ct. App. 1997).

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION de THE DEFENDANT'S MOTION FOR PARTIAL TERMINATIONOF STAY OF EXECUTION The defendant have moved for an order to terminate the automatic stay as to entry of the decree of dissolution only.

The plaintiff cites the "explicit" language of the statutes Sec. 46b-81 and Sec. 46b-82 as depriving the court of jurisdiction if the dissolution is entered and the financial orders are subsequently vacated on appeal.

Jaser v. Jaser, 37 Conn. 194, 205 decided

"The judgment is reversed as to all orders except that dissolving the parties' marriage and the case is remanded for a new trial."

Bifurcating by the trial court has been approved, Ross v.Ross, 172 Conn. 269 (1977); , Walsh v. Walsh,190 Conn. 126 (1983).

The COBRA rights of the plaintiff, if triggered by the entry of the trial court's decree, cannot be further prejudiced by the granting of the defendant's present motion. This court is of the same opinion as to ERISA rights and "surviving spouse" rights pursuant to Sec. 45a-436.

The defendant's motion is granted.

HARRIGAN, J.

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Related

Walsh v. Walsh
459 A.2d 515 (Supreme Court of Connecticut, 1983)
Ross v. Ross
374 A.2d 185 (Supreme Court of Connecticut, 1977)
Vail's Appeal from Probate
37 Conn. 185 (Supreme Court of Connecticut, 1870)

Cite This Page — Counsel Stack

Bluebook (online)
1997 Conn. Super. Ct. 3190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkes-v-wilkes-no-fa95-0147168-s-mar-26-1997-connsuperct-1997.