Clark v. Clark
26 A.3d 640
Conn. App. Ct.2011Background
- Mary Ann Clark and Kenneth W. Clark married in 1987 and have two minor children; dissolution action filed in June 2006.
- Trial court dissolved the marriage in August 2009, awarding sole custody to Mary Ann, ordering child support, and directing sale of Greenwich and Florida properties with net proceeds split 65/35 in her favor.
- In September 2009, Mary Ann appealed; this Court reversed to include pendente lite support arrearage and remanded for further proceedings on that issue, affirming all other aspects.
- Mary Ann filed a motion to reargue/open dissolution judgment; after a March 8, 2010 hearing, the court granted reargument but denied other relief; she appealed again and amended her appeal.
- Mary Ann challenged the trial court’s denial of two pro se subpoenas; the appellate court reviews such rulings for abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of the Bank of America subpoena was an abuse of discretion | Clark contends the subpoena seeks relevant note/mortgage information on the Florida property. | Clark argues the court should compel production to verify the mortgage note and lien status. | No abuse; denial affirmed. |
| Whether the denial/issuance of American Airlines subpoena was correct | Clark sought employment income/benefits information not provided at trial. | Court properly granted subpoenas for employment records; no adverse ruling on appeal. | Granted and affirmed; no basis to reverse. |
Key Cases Cited
- Mortgage Electronic Registration Systems, Inc. v. Book, 110 Conn.App. 833 (2008) (appellate review limited to issues raised; prior appeal resolves some claims)
- Keating v. Ferrandino, 125 Conn.App. 601 (2010) (analysis required, not mere assertion, to preserve issue on appeal)
- Lucas v. Deutsche Bank National Trust Co., 103 Conn.App. 762 (2007) (sole remedy for stay termination review is motion for review)