Kinney v. Kinney

12 Citing cases

  1. Kinney v. Kinney

    506 A.2d 146 (Conn. 1986)

    Decided March 12, 1986 The defendant's petition for certification for appeal from the Appellate Court, 5 Conn. App. 484, is denied. Penelope Kinney, pro se, in support of the petition.

  2. Lynch v. Lynch

    153 Conn. App. 208 (Conn. App. Ct. 2014)   Cited 21 times
    In Lynch, this court considered the plaintiff's claim that the trial court erred in granting the defendant's motion for contempt on the basis of the plaintiff's nonpayment of alimony and child support where the trial court also found that the defendant owed him reimbursements for alimony and child support.

    We are not persuaded. The plaintiff's claim asks us to reexamine and reweigh the evidence, which this court is prohibited from doing, for “[t]he trier of facts [is] free to accept or reject any portion of the evidence of either party.” Kinney v. Kinney, 5 Conn.App. 484, 486, 500 A.2d 569 (1985), cert. denied, 199 Conn. 804, 506 A.2d 146, cert. denied, 479 U.S. 818, 107 S.Ct. 78, 93 L.Ed.2d 33 (1986). There is nothing in the plaintiff's claim or the record that would warrant a deviation from this well established principle in this matter.

  3. Hill v. Hill

    35 Conn. App. 160 (Conn. App. Ct. 1994)   Cited 17 times
    In Hill, we held that the trial court's postjudgment order for the defendant to return an automobile to the plaintiff did not violate the automatic stay because the defendant had obtained possession of the vehicle contrary to the terms of the dissolution decree.

    The Supreme Court has been "especially hesitant to find abuse of discretion where the court has denied a motion for continuance made on the day of trial." Thode v. Thode, 190 Conn. 694, 697, 462 A.2d 4 (1983); Vossbrinck v. Vossbrinck, 194 Conn. 229, 232, 478 A.2d 1011 (1984), cert. denied, 471 U.S. 1020, 105 S.Ct. 2048, 85 L.Ed.2d 311 (1985); Kinney v. Kinney, 5 Conn. App. 484, 485, 500 A.2d 569 (1985), cert. denied, 199 Conn. 804, 506 A.2d 146, cert. denied, 497 U.S. 818, 107 S.Ct. 78, 93 L.Ed.2d 33 (1986). "There are no mechanical tests for deciding when a denial of a continuance is so arbitrary as to violate due process.

  4. Graham v. Graham

    592 A.2d 424 (Conn. App. Ct. 1991)   Cited 49 times
    In Graham v. Graham, 25 Conn. App. 41 at page 50, the court added a further criteria that the trial court must exercise its discretion so that its decision as to counsel fees does not undermine its purpose in making awards with respect to alimony, support and division of assets.

    Where, as here, it is apparent that the trial court considered all mandatory factors in fashioning its orders, we are not permitted to vary the weight that the trial court placed upon the statutory criteria in reaching its decision. Kinney v. Kinney, 5 Conn. App. 484, 487, 500 A.2d 569 (1985), cert. denied, 199 Conn. 804, 506 A.2d 146, cert. denied, 479 U.S. 818, 107 S.Ct. 78, 93 L.Ed.2d 33 (1986). The defendant appears to relate his dissatisfaction with the trial court's orders to some veiled claim that earning capacity represents a cap on weekly orders.

  5. Mantell v. Greene

    542 A.2d 1169 (Conn. App. Ct. 1988)   Cited 7 times

    A motion for continuance is addressed to the discretion of the trial court; the court's ruling on such a motion will not be disturbed unless a clear abuse of that discretion is shown. Vossbrinck v. Vossbrinck, 194 Conn. 229, 232, 478 A.2d 1011 (1984), cert. denied, 471 U.S. 1020, 105 S.Ct. 2048, 85 L.Ed.2d 311 (1985); Kinney v. Kinney, 5 Conn. App. 484, 485, 500 A.2d 569 (1985), cert. denied, 199 Conn. 804, 506 A.2d 146, cert. denied, 479 U.S. 818, 107 S.Ct. 78, 93 L.Ed.2d 33 (1986). In addition, in determining the reasonableness of the trial court's ruling, "every reasonable presumption should be given in favor of the correctness of its action."

  6. DeVellis v. DeVellis

    544 A.2d 639 (Conn. App. Ct. 1988)   Cited 4 times

    Where, as here, the trial, court considered all mandatory factors in reaching its decision, this court on appeal may not vary the weight which the trial court placed upon various factors in reaching its determination. Kinney v. Kinney, S Conn. App. 484, 487, 500 A.2d 569 (1985), cert. denied, 199 Conn. 804, 506 A.2d 146 (1986)." Debowsky v. Debowsky, supra, 526-27.

  7. Debowsky v. Debowsky

    12 Conn. App. 525 (Conn. App. Ct. 1987)   Cited 33 times

    Where, as here, the trial court considered all mandatory factors in reaching its decision, this court on appeal may not vary the weight which the trial court placed upon the various factors in reaching its determination. Kinney v. Kinney, 5 Conn. App. 484, 487, 500 A.2d 569 (1985), cert. denied, 199 Conn. 804, 506 A.2d 146 (1986).

  8. Niles v. Niles

    9 Conn. App. 240 (Conn. App. Ct. 1986)   Cited 66 times

    Moreover, in determining the reasonableness of the trial court's rulings, this court has noted that "every reasonable presumption should be given in favor of the correctness of its action." Id., 635, quoting Leo v. Leo, 197 Conn. 1, 4, 495 A.2d 704 (1985); see also Kinney v. Kinney, 5 Conn. App. 484, 485, 500 A.2d 569 (1985). We conclude that the trial court's interpretation of the stipulation did not constitute an abuse of discretion, but rather was a reasonable resolution of the controversy.

  9. Jetmore v. Jetmore

    507 A.2d 116 (Conn. App. Ct. 1986)   Cited 10 times

    "In determining whether the trial court could reasonably conclude as it did on the evidence before it, every reasonable presumption should be given in favor of the correctness of its action. "Id.; Kinney v. Kinney, 5 Conn. App. 484, 485, 500 A.2d 569 (1985). The trial court properly corrected the original memorandum of decision deleting the joint ownership reference.

  10. Trapp v. Trapp

    503 A.2d 1187 (Conn. App. Ct. 1986)   Cited 10 times

    The transcripts and the oral memorandum of decision indicate that the court was aware of the true status of the credit union account, and we find that its application of General Statutes 46b-81 was not an abuse of its discretion. Kinney v. Kinney, 5 Conn. App. 484, 500 A.2d 569 (1985). Such misstatements may expose one to criminal liability; General Statutes 53a-157 (a) (imposing criminal sanctions for false statements made under oath); as well as provide grounds for a motion to open the judgment.