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226 Conn.App. 444
Conn. App. Ct.
2024
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Background

  • This was an appeal from the trial court’s dissolution of marriage between two Connecticut attorneys, A.W. (defendant) and M.C. (plaintiff), who were married in 1995 and have two adult children.
  • The main trial addressed financial and property division issues, including disputes over discovery compliance, property valuations, and claims of judicial bias.
  • The trial lasted five nonconsecutive days in 2022, and, at its conclusion, both parties requested immediate dissolution, with financial/property orders to follow.
  • The trial court found both parties' testimony largely credible but was more skeptical of the plaintiff’s reliability concerning her finances.
  • The trial court found that the plaintiff had been uncooperative in discovery, was in poor health with a terminal diagnosis, and that both parties had sufficient resources to support themselves.
  • The defendant appealed the judgment, arguing primarily about alleged judicial bias, factual errors, mishandling of discovery-related contempt, and inequitable asset distribution.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Judicial Recusal / Bias No error; judge impartial Judge's personal/professional relationship caused bias Not reviewed; issue unpreserved, no record, no evidence bias occurred
Findings re: Health & Finances Supported by evidence/testimony Factual findings not supported by evidence Findings supported by record; not clearly erroneous
Discovery Noncompliance & Contempts Defendant withdrew relevant contempt motions; court did consider noncompliance Court failed to rule on contempts and sanction plaintiff for noncompliance Motions expressly withdrawn; court considered noncompliance to plaintiff’s detriment
Asset Distribution Orders complied with law, considered statutory factors Distribution was inequitable, favored plaintiff No abuse of discretion; court followed statute, considered proper criteria

Key Cases Cited

  • State v. Cane, 193 Conn. App. 95 (Conn. App. Ct. 2019) (Requirement to preserve judicial bias claims by motion to disqualify)
  • Buchenholz v. Buchenholz, 221 Conn. App. 132 (Conn. App. Ct. 2023) (Trial court's discretion and credibility findings in domestic relations cases)
  • Anderson-Harris v. Harris, 221 Conn. App. 222 (Conn. App. Ct. 2023) (Factors for asset distribution in marital dissolutions; weight is within trial court’s discretion)
  • Wethington v. Wethington, 223 Conn. App. 715 (Conn. App. Ct. 2024) (No set formula for property division; broad trial court discretion)
  • Magana v. Wells Fargo Bank, N.A., 164 Conn. App. 729 (Conn. App. Ct. 2016) (Attorney representations are not record evidence)
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Case Details

Case Name: M. C. v. A. W.
Court Name: Connecticut Appellate Court
Date Published: Jul 2, 2024
Citations: 226 Conn.App. 444; 319 A.3d 183; AC46223
Docket Number: AC46223
Court Abbreviation: Conn. App. Ct.
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