Rettman v. Rettman

Citations

• 234 Conn. App. 147

Syllabus

The defendant, whose marriage to the plaintiff had previously been dis- solved, appealed from, inter alia, the trial court's judgment denying her motion to open the judgment denying her motions to open the dissolution judgment with respect to financial orders. She claimed, inter alia, that the court abused its discretion in denying her motion to open because the court had abused its discretion in denying the motions to open the dissolution judgment after depriving her of her right to complete the hearing on those motions that had begun before a different trial court judge and was never concluded. Held: This court concluded, on the basis of the unique circumstances presented, including the unusual procedural history of the case, that the trial court abused its discretion in denying the motion to open the judgment denying the motions to open the dissolution judgment, as the hearing held on the defendant's motions to open the dissolution judgment on the basis of fraud did not conclude because the trial judge conducting the hearing was later reassigned and, despite the defendant's efforts to comply with that judge's orders to take steps to ensure that the hearing would conclude at a later date at which the defendant would be able to present evidence and be heard with respect to the merits of her motions to open, the hearing never resumed, and a different trial judge thereafter denied the motions to open, without an evidentiary hearing, on the basis of facts that were not in evidence. Contrary to the plaintiff's claim, this court did not lack subject matter jurisdiction over the defendant's claim that the trial court abused its discre- tion in denying her motion for contempt because there was practical relief that this court could afford to the defendant in connection with that claim, and, thus, this court was not persuaded that this portion of the appeal should be dismissed on mootness grounds. The trial court did not abuse its discretion in denying the defendant's moti