195 Conn. 558 | Conn. | 1985
The plaintiff filed a complaint on October 27,1981, for a dissolution of her marriage with the defendant. On February 15,1983, after various proceedings and continuances, the trial court, Spallone, J., entered a default order against the defendant when he
The first issue is factually simple, but vitally important to the defendant. This case was docketed on the limited contested list and assigned for trial on February 15, 1983. On the morning of that day, the attorney for the defendant applied to the court, M. Hennessey, J., for withdrawal of his appearance. See Practice Book § 77. He withdrew his appearance by leave of the court. The trial court thereupon assigned the case for trial on February 18,1983, at 2 p.m.; Practice Book § 274 (6); and ordered that the defendant be notified of the rescheduled date. The defendant’s former attorney did what he was ordered forthwith. He notified the defendant to appear and defend on February 18,1983, at 2 p.m. The plaintiff and her attorney, on the other hand, sought out another judge, Spallone, J., and, on the afternoon of February 15, 1983, obtained the judgment that is the subject of this appeal.
“ Tt is the settled rule of this jurisdiction, if indeed it may not be safely called an established principle of
The plaintiff concedes that neither the defendant nor his attorney ever received notice of the trial held in the afternoon of February 15, 1983. She contends, however, that in chambers, and off the record, her attorney notified Judge Spallone in full detail of all of the proceedings had before Judge Hennessey and that Judge Spallone indicated that the case should proceed immediately to judgment.
We can decide the merits of an appeal only on the record presented. Robertson v. Robertson, 164 Conn. 140, 142, 318 A.2d 106 (1972). A clear account of the facts has not been presented to this court because the represented facts do not appear as part of the formal record; Gould v. Gould, 164 Conn. 387, 389, 321 A.2d 443 (1973); and we cannot resort to matters extraneous to the record. McCarthy v. Santangelo, 137 Conn. 410, 412, 78 A.2d 240 (1951). While a true picture may not be presented here because of a conversation that took place in chambers, the case, nevertheless, must be decided on the record. Cohn v. Mt. Zion Baptist Church, 130 Conn. 362, 366, 34 A.2d 129 (1943).
There is error, the judgment is set aside and the case is remanded for further proceedings.
In this opinion the other judges concurred.