95 Conn. App. 219 | Conn. App. Ct. | 2006
Opinion
In this marital dissolution matter, the defendant, William F. Russell, Jr., appeals from the judgment of the trial court issuing certain orders sought by the plaintiff, Burgess Russell, in her postjudgment motions for contempt. On appeal, the defendant claims that the court improperly ordered him to pay expenses associated with the medical treatment of the parties’ son, P, at a facility in New Jersey. We reverse in part the judgment of the trial court.
“Where a judgment incorporates a separation agreement, the judgment and agreement should be con
“A contract is unambiguous when its language is clear and conveys a definite and precise intent. . . . The court will not torture words to impart ambiguity where ordinary meaning leaves no room for ambiguity. . . . Moreover, the mere fact that the parties advance different interpretations of the language in question does not necessitate a conclusion that the language is ambiguous. . . .
“In contrast, a contract is ambiguous if the intent of the parties is not clear and certain from the language of the contract itself. [A]ny ambiguity in a contract must emanate from the language used by the parties. . . . The contract must be viewed in its entirety, with each provision read in light of the other provisions . . . and every provision must be given effect if it is possible to do so.” (Citations omitted; internal quotation marks omitted.) Detels v. Detels, 79 Conn. App. 467, 471-72, 830 A.2d 381 (2003).
Our examination of article II, § 2.4, of the agreement indicates that that section is not clear and unambiguous. The first part of that section refers to “all college expenses for [A] at Boston University,” while the second part refers to “the expenses for [P] for completion at [the New Jersey facility] . . . .” It is not clear and
In this opinion the other judges concurred.
A copy of the complaint in the New Jersey action was marked as exhibit one. That complaint is stamped as having been filed on March 21, 2005, and names Burgess Russell and William F. Russell, Jr., as defendants. The complaint alleges in relevant part that “there remains due and owing from . . . Burgess Russell . . . $24,224.23 which sum represents the total charges outstanding . . . and from . . . William F. Russell . . . $10,117.17, which represents a portion of the total charges outstanding for services rendered . . . from July 13, 2004 to the present, exclusive of prejudgment interest and counsel fees.”
The court also issued other orders and found that the defendant was not in contempt, but those portions of the court’s judgment, are not relevant to this appeal.
In light of our decision to remand the case, it is unnecessary for us to consider two other aspects of the defendant’s appeal. First, the defendant claims that the plaintiff improperly amended her financial affidavit without his knowledge after he had signed the separation agreement and just one day before the court rendered the judgment of dissolution. The defendant points out that at the time the parties signed the agreement, the plaintiffs affidavit listed debts of $26,400 owed to the New Jersey facility and $78,000 owed to Boston University. The plaintiffs amended affidavit omitted both of those debts. The defendant argues that he relied on the information in the plaintiffs original affidavit when he signed the agreement and directs us to article III, § 3.1, of the agreement, which provides that “[t]he parties shall be responsible for the debts shown on their respective financial affidavits and shall hold the other harmless thereon.” In its memorandum of decision on the plaintiffs motions for contempt, the court determined that the propriety of the plaintiffs amended affidavit was irrelevant because the agreement clearly and unambiguously obligated the defendant to pay the entire debt owed to the New Jersey facility. Because we conclude that the court must resort to extrinsic evidence to determine the parties’ intent regarding that debt, the court may revisit its consideration of the plaintiffs affidavits on remand.