Lawrence v. Cords, 165 Conn. App. 473

Background

Marriage dissolved Nov. 19, 2013; judgment awarded plaintiff $246,000 for her interest in 61 Phelps Road (Colebrook) and provided that if defendant failed to pay within 60 days the property would be listed and sale proceeds would first satisfy mortgage, then $246,000 + interest to plaintiff, remainder to defendant.
Plaintiff moved for contempt after defendant failed to pay within 60 days and did not market the property; trial court (Gallagher, J.) found defendant in contempt on Feb. 10, 2014 and ordered listing within seven days and some payments.
Defendant appealed that contempt finding (Lawrence I, 159 Conn. App. 194); appellate court reversed the contempt finding as to mortgage payments because the dissolution order was ambiguous and noncompliance was not willful.
While Lawrence I was pending, plaintiff filed a second contempt motion and a motion to terminate the automatic appellate stay, alleging the appeal was for delay; after hearings, trial court (Trombley, J.) (Aug. 11, 2014) found defendant in contempt for mortgage and sale-related noncompliance and ordered reimbursement for mortgage payments plus installment payments of $246,000 with interest and directions for marketing the property.
Defendant appealed, contending (1) the trial court improperly terminated the automatic appellate stay and (2) the court improperly modified the dissolution property division by ordering payment from defendant’s personal assets rather than only from sale proceeds.
Appellate court affirmed: declined to review the stay-termination claim because the defendant failed to seek a motion for review under Practice Book § 66-6, and held the postjudgment orders effectuated — not modified — the dissolution judgment by fashioning an enforceable remedy after defendant impeded sale and failed to comply.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court properly terminated or otherwise ended the automatic appellate stay of execution	Lawrence argued the appeal was for delay and the stay should be terminated so enforcement could proceed	Cords argued the trial court improperly terminated (or violated) the automatic stay while an appeal (Lawrence I) was pending	Court declined to reach merits: defendant failed to pursue the exclusive remedy (motion for review); claim not reviewable on direct appeal
Whether the Aug. 11, 2014 contempt/remedial order impermissibly modified the dissolution property division	Lawrence argued the order effectuated the dissolution judgment by ensuring she received $246,000 despite defendant's noncompliance and obstruction of sale	Cords argued the order reallocated his property/awarded plaintiff payment from his personal assets in violation of the final dissolution judgment	Court held the order effectuated, not modified, the dissolution judgment: defendant hindered sale and had assets; court fashioned remedy to protect integrity of original judgment

Key Cases Cited

Lawrence v. Cords, 159 Conn. App. 194 (Conn. App. 2015) (prior appellate decision addressing contempt and ambiguity in dissolution order)
Roos v. Roos, 84 Conn. App. 415 (Conn. App. 2004) (distinguishes modification of property division from postjudgment effectuation; court may issue orders to effectuate judgment)
Santoro v. Santoro, 70 Conn. App. 212 (Conn. App. 2002) (trial court may craft equitable remedies postjudgment to protect integrity of original award)
Callahan v. Callahan, 157 Conn. App. 78 (Conn. App. 2015) (defines modification vs. effectuation; examine practical effect on original order)
Amodio v. Amodio, 247 Conn. 724 (Conn. 1999) (distinguishes authority to act under a statute from subject matter jurisdiction)
Simes v. Simes, 95 Conn. App. 39 (Conn. App. 2006) (upholds postjudgment remedy that used party’s equity to cure payment shortfall as effectuation, not modification)
Smith v. Smith, 249 Conn. 265 (Conn. 1999) (discusses limits on continuing jurisdiction over lump-sum alimony and property distributions)