Page 32 - CLT072720

32 ¦ JULY 27, 2020 CONNECTICUT OPINIONS

Superior Court was bound to the findings of circumstance because defendant’s income had
fact made by the referee and board, and plain- increased and the child no longer attended pri-
tiff had failed to establish good cause within vate school. In 2019 the court granted the mo-
the light of those facts. The court reversed the tion for modification, requiring defendant to
Superior Court’s decision. pay increased child support, and the defendant
appealed, arguing the court erred when it inter-
preted the intent of the parties into the sepa-
CONTRACTUAL DISPUTES ration agreement. Citing Bartlett and Fabiano,

Court Upholds Summary Judgment For the court found a change in available assets be-
Best Evidence Rule cause of the termination of private school con-
stituted a change in circumstances, and that the
modification did not constitute a post dissolu-
CASE: Amity Partners v. Woodbridge Assoc., L.P. tion transfer of wealth between the parties. The
COURT: Connecticut Appellate Court court affirmed the trial court’s judgment.
DOC. NO.: AC 42400
COURT OPINION BY: Alvord
DATE: July 14, 2020 • PAGES: 8 FAMILY LAW • CIVIL PROCEDURE
In 1993 Amity sold a shopping center to Madi-
son Associates, in which Amity took back
certain purchase money notes, and in 1998 Court Affirms Trial Court’s Basis On
those notes were assigned to plaintiff. Plain- Definition Of Stalking When Issuing
tiff brought this action for breach of contract Restraining Order
against defendants for failure to pay direct pay-
ment on the note, and plaintiff filed for sum- CASE: D. S. v. R. S.
mary judgment, citing the deposition transcript COURT: Connecticut Appellate Court
from one of the defendant’s partners as to the DOC. NO.: AC 43109
contents of the notes. Plaintiff did not submit COURT OPINION BY: Harper
a copy of the note itself. Defendant then also DATE: July 14, 2020 • PAGES: 11
moved for summary judgment, and the court
granted defendant’s motion, citing the best Defendant is the plaintiff ’s father. Plaintiff al-
evidence rule, and the plaintiff appealed. The leged defendant engaged in threatening behav-
court agreed with the trial court, and upheld ior, stalking, and harassment of herself and her
the decision. The court found the plaintiff had minor child, including appearing at child’s bus
not established grounds for admission of sec- stop and Cub Scout meetings. In 2019 plain-
ondary evidence, and upheld the defendant’s tiff filed an ex parte application for relief from
motion for summary judgment. abuse against defendant on behalf of herself,
her child, and her mother. The court issued the
restraining order pursuant to the definition of
stalking in § 53a-181d, rather than the defini-
FAMILY LAW tion provided in Princess Q. H., and the de-
fendant appealed arguing that the trial court
Court Upholds Postjudgment issued the restraining order based on the in-
Modification of Child Support correct definition. The court affirmed the trial
Payments court’s finding, holding that the trial court did
not abuse its’ discretion in concluding the de-
fendant’s actions constituted stalking.
CASE: Flood v. Flood
COURT: Connecticut Appellate Court
DOC. NO.: AC 42477 LABOR LAW
COURT OPINION BY: Sheldon
DATE: July 14, 2020 • PAGES: 15
Court Upholds Workers’ Compensation
Plaintiff and defendant were married in 2004, Review Board’s Decision to Preclude
and in 2014 dissolved the marriage. The judg-
ment of dissolution incorporated terms of a CASE: Salerno v. Lowe’s Home Improvement Ctr.
written separation agreement which stipulated COURT: Connecticut Appellate Court
alimony and child support. In 2017, plaintiff DOC. NO.: AC 42344
filed a motion for modification on child support, COURT OPINION BY: Elgo
alleging there had been a substantial change in DATE: July 14, 2020 • PAGES: 4

CONNECTICUT
Law Tribune