State v. McIntosh

9 Citing cases

  1. Ahneman v. Ahneman

    243 Conn. 471 (Conn. 1998)   Cited 76 times   1 Legal Analyses
    Recognizing that exceptions to general rule that court must consider and decide "on a reasonably prompt basis" all motions properly before it may exist in "extreme, compelling situation," such as case involving harassing or vexatious litigation, and concluding that record did not support conclusion that circumstances existed to justify court's refusal to consider motions

    Therefore, in order to avoid confusion, we will review the propriety of the trial court's decision ourselves. In addition, invoking our supervisory powers to reach the merits of the claim concerning the decision of the trial court in the present case "will avoid the necessity of inordinate further delay"; O'Bymachow v. O'Bymachow, 10 Conn. App. 76, 79, 521 A.2d 599, cert. denied, 205 Conn. 808, 532 A.2d 76 (1987); in the defendant's attempt to obtain consideration of her motions concerning financial issues. Finally, although the propriety of the trial court's decision was not certified for appeal, both parties have addressed the question in their briefs and at oral argument.

  2. Mulholland v. Mulholland

    229 Conn. 643 (Conn. 1994)   Cited 60 times
    Upholding judgment of contempt for failure to fulfill, during pendency of appeal, obligations of child support order that had been reversed on appeal

    See, e.g., Billington v. Billington, 220 Conn. 212, 595 A.2d 1377 (1991) (party seeking to open marital judgment on basis of fraud need not establish diligence in attempting to discover fraud); Monroe v. Monroe, 177 Conn. 173, 182-83, 413 A.2d 819, appeal dismissed, 444 U.S. 810, 100 S.Ct. 20, 62 L.Ed.2d 14 (1979) ("Analogies drawn from commercial litigation fail to respond adequately to the situation of emotional trauma commonly associated with the irretrievable breakdown of a marriage. . . . [L]awyers who represent clients in matrimonial dissolutions have a special responsibility for full and fair disclosure, for a searching dialogue, about all of the facts that materially affect the client's rights and interests."); see also Baker v. Baker, 187 Conn. 315, 445 A.2d 912 (1982); O'Bymachow v. O'Bymachow, 12 Conn. App. 113, 118-19, 529 A.2d 747, cert. denied, 205 Conn. 808, 532 A.2d 76 (1987); Grayson v. Grayson, 4 Conn. App. 275, 494 A.2d 576 (1985), appeal dismissed, 202 Conn. 221, 520 A.2d 225 (1987). Similar justifications are present in this case.

  3. Dougan v. Dougan

    114 Conn. App. 379 (Conn. App. Ct. 2009)   Cited 30 times
    Declining to reach issue because of parties' failure to raise it

    . . . [L]awyers who represent clients in matrimonial dissolutions have a special responsibility for full and fair disclosure, for a searching dialogue, about all of the facts that materially affect the client's rights and interests.' [Citations omitted.]); see also Baker v. Baker, 187 Conn. 315, 445 A.2d 912 (1982); O'Bymachow v. O'Bymachow, 12 Conn. App. 113, 118-19, 529 A.2d 747, cert. denied, 205 Conn. 808, 532 A.2d 76 (1987); Grayson v. Grayson, 4 Conn. App. 275, 494 A.2d 576 (1985), appeal dismissed, 202 Conn. 221, 520 A.2d 225 (1987)." Mulholland v. Mulholland, 229 Conn. 643, 650-51, 643 A.2d 246 (1993).

  4. Doody v. Doody

    99 Conn. App. 512 (Conn. App. Ct. 2007)   Cited 26 times

    (Internal quotation marks omitted.) Berry v. Berry, 88 Conn. App. 674, 677, 870 A.2d 1161 (2005); see also O,Bymachow v. O'Bymachow, 12 Conn. App. 113, 116, 529 A.2d 747 ("[g]reat weight is due the action of the trial court, which will not be disturbed unless the court has abused its discretion or its finding has no reasonable basis in the facts" [internal quotation marks omitted]), cert. denied, 205 Conn. 808, 532 A.2d 76 (1987). With respect to the factual predicates for modification of an alimony award, our standard of review is clear.

  5. Sabrowski v. Sabrowski

    95 Conn. App. 625 (Conn. App. Ct. 2006)   Cited 4 times

    Similarly, in defending against a claim that there had been a change in the plaintiff's financial circumstances, the defendant was entitled to rely on the income displayed to her and the court at the time of the original judgment. See O'Bymachow v. O'Bymachow, 12 Conn. App. 113, 119, 529 A.2d 747, cert. denied, 205 Conn. 808, 532 A.2d 76 (1987). Like the present case, O'Bymachow involved a misrepresentation of assets and income.

  6. Carriero v. Borough of Naugatuck

    43 Conn. App. 773 (Conn. App. Ct. 1996)   Cited 3 times

    "Under the provisions of § 7-433c, qualifying members are entitled to receive (1) a retirement allowance from the municipal or state retirement system in an amount equal to what they would receive for disability that arose out of and in the course of employment, and (2) compensation and medical care from the municipal employer in the same amount and in the same manner as provided for under the workers' compensation law." Lundgren v. Stratford, 12 Conn. App. 138, 144, 530 A.2d 183, cert. denied, 205 Conn. 808, 532 A.2d 76 (1987). Historically, the total of those two benefits could exceed the amount a police officer would have received if he were still working.

  7. Gabrielle v. Hospital of St. Raphael

    33 Conn. App. 378 (Conn. App. Ct. 1994)   Cited 97 times
    Holding extension ineffective to revive action when already untimely

    We have often stated that in the field of statutory interpretation, "[t]he law favors rational and sensible statutory construction." Lundgren v. Stratford, 12 Conn. App. 138, 146, 530 A.2d 183, cert. denied, 205 Conn. 808, 532 A.2d 76 (1987). "When two constructions are possible, courts will adopt the one which makes the [statute] effective and workable, and not one which leads to difficult and possibly bizarre results."

  8. Mayor v. Mayor

    17 Conn. App. 627 (Conn. App. Ct. 1989)   Cited 13 times

    When the words of a statute are plain and unambiguous, we need look no further for interpretive guidance because we assume that the words themselves express the intention of the legislature. Capalbo v. Planning Zoning Board of Appeals, 208 Conn. 480, 486, 547 A.2d 528 (1988); Nicotra Wieler Investment Management, Inc. v. Grower, 207 Conn. 441, 451, 541 A.2d 1226 (1988); State v. Champagne, 206 Conn. 421, 428, 538 A.2d 193 (1988); Rhodes v. Hartford, 201 Conn. 89, 93, 513 A.2d 124 (1986); Lundgren v. Stratford, 12 Conn. App. 138, 142, 530 A.2d 183, cert. denied, 205 Conn. 808, 532 A.2d 76 (1987). We will not assume that the statutory language granting the court jurisdiction of "complaints praying for a change of name" is meaningless or superfluous.

  9. Driscoll v. Driscoll

    No. FA124117955S (Conn. Super. Ct. Nov. 15, 2012)

    These sworn statements have great significance in domestic disputes in that they serve to facilitate the process and avoid the necessity of testimony in public by persons still married to each other regarding the circumstances of their formerly private existence." Cohen v. Cohen, 11 Conn.App. 241, 247, 527 A.2d 245 (1987); see also O'Bymachow v. O'Bymachow, 12 Conn.App. 113, 118-19, 529 A.2d 747, cert. denied, 205 Conn. 808, 532 A.2d 76 (1987) (defendant entitled to rely on information in plaintiff's financial affidavit); Gelinas v. Gelinas, supra, at 175 (recognition of " the need for a full and fair disclosure of information contained in a financial affidavit"); Grayson v. Grayson, supra, at 287 (" compliance with the rules concerning the filing of financial affidavits is essential in order for the court to make a reasoned decision with respect to such orders"); Jackson v. Jackson, supra, at 188 (" [t]he sworn financial statements of the parties under Practice Book 463 have great significance in domestic disputes"). Thus, the requirement of diligence in discovering fraud is inconsistent with the requirement of full disclosure because it imposes on the innocent injured party the duty to discover that which the wrongdoer already is legally obligated to disclose ... This principle of complete disclosure is consistent with the noti