139 Conn. App. 808
Conn. App. Ct.2012Background
- Morgan and Morgan divorced; separation agreement provided property sale and equal net proceeds split.
- A postjudgment agreement (July 7, 2008) required Morgan to quitclaim the property and plaintiff to refinance within 30 months to remove defendant from mortgage; failure triggered sale of the property.
- Trial court deemed no wilful violation of orders in 2011 contempt motion but ordered sale of the property if refinancing did not occur by specified deadlines.
- Court ordered sale or transfer of the property in late 2011 if refinancing or sale did not occur by March 1, 2012, with sale proceeds held for Morgan’s benefit as her equitable housing.
- Plaintiff sold the property for $256,000 to a third party on February 14, 2012, during the pendency of the appeal.
- Plaintiff seeks damages against defendant for alleged injuries from complying with orders; the appellate court dismisses the damages claim as unpreserved and the sale order as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal moot regarding the sale order? | Morgan argues the sale-order propriety should be reviewed. | Morgan’s sale to a nonparty moots the appeal, leaving no relief to grant. | Appeal dismissed as moot. |
| May the court award damages for alleged injuries from complying with orders? | Morgan seeks monetary damages from defendant for compliance harms. | Damages claim was not preserved and requires factual findings by trial court. | Unpreserved; appellate court cannot award damages. |
| Was the contempt-damages challenge properly preserved or abandoned on appeal? | Morgan challenges contempt-related sanctions. | Claim abandoned for lack of issue or briefing. | Abandoned; not reviewed. |
Key Cases Cited
- Giaimo v. New Haven, 257 Conn. 481 (2001) (mootness when no practical relief remains)
- Patterson v. Council on Probate Judicial Conduct, 215 Conn. 553 (1990) (mootness; lack of appellate relief)
- Fiddelman v. Redmon, 59 Conn. App. 481 (2000) (sale mootness in appeal)
- Bhatia v. Debek, 287 Conn. 397 (2008) (appellate fact-finding limits)
- Hogan v. Lagosz, 124 Conn. App. 602 (2010) (appellate review of damages and evidence principles)
- Caruso v. Bridgeport, 285 Conn. 618 (2008) (abandonment of issues on appeal)