Baker v. Baker
Citation | 187 Conn. 315,445 A.2d 912 |
Court | Supreme Court of Connecticut |
Decision Date | 08 June 1982 |
Parties | Betty Lou BAKER v. Robert C. BAKER. |
Samuel V. Schoonmaker III, Stamford, with whom were Jonathan D. Elliott, Stamford, and, on the brief, David L. deCourcy, Garry R. Lane, and David I. Bower, Stamford, for appellant (defendant).
Saul Kwartin, Stamford, for appellee (plaintiff).
Before SPEZIALE, C. J., and PETERS, HEALEY, ARMENTANO and SHEA, JJ.
This is an appeal by the defendant-husband from the denial of a post-judgment motion to enforce a pretrial agreement between the parties. The dissolution of marriage judgment itself has not been appealed. The defendant contends that the trial court erred in interpreting the pretrial agreement in such a way as to render it unenforceable in the circumstances of this case. Before we can reach that issue, however, we must first determine whether the pretrial agreement, which by its terms specifically provided that it be concealed from the trial court, is void as against public policy.
This dissolution of marriage action was commenced by the plaintiff in December 1977. In July 1978, the parties entered into the agreement which is the subject of this appeal. This agreement 1 provided that the defendant would relinquish to the plaintiff his right to acquire a one-third interest in a shopping center in Hornell, New York, which interest the defendant obtained through business dealings with the plaintiff's family. In return, the plaintiff agreed that the defendant would receive a credit of $312,500, the value of his interest in the shopping center, Significantly, the agreement provided that the existence and terms of the agreement were to be concealed from the court and that it was to be filed with the court only "after the entry of final judgment." The agreement also specifically provided that "[t]he Plaintiff in filing her financial affidavit in this action may show the Hornell Shopping Center as an asset valued after deducting the credit without reference to the credit." Thereafter, the plaintiff filed a financial affidavit which undervalued the Hornell property by $312,500. The defendant also filed an affidavit which, in listing the plaintiff's assets, similarly undervalued the Hornell property.
In July 1979, prior to trial a dispute arose over the application of the agreement and counsel for the plaintiff attempted to depose the defendant concerning the terms of the agreement. 2 On July 20, 1979, the parties appeared before the court, Novack, J., 3 on the plaintiff's motion to compel the defendant to answer questions about the agreement. The parties allege that Judge Novack agreed that the existence and terms of the agreement were not to be divulged to the trial judge until after judgment. We note, however, that there is no indication in the record before us of any approval of such a procedure by the court. 4
The dissolution of marriage action was tried in October 1979 by the Hon. William L. Tierney, Jr., state referee. Judgment was rendered on February 14, 1980. The judgment dissolved the marriage, ordered joint custody of the minor children, adopted the defendant's proposal regarding support for the children, but awarded no alimony. The trial court concluded, however, for reasons not relevant here, that the plaintiff was entitled to a share of the defendant's assets. Consequently, the defendant was ordered to convey to the plaintiff his interest in two commercial properties in Tarrytown and Webster, New York. 5 As previously noted, no appeal was taken from the dissolution of marriage judgment itself.
On April 24, 1980, the defendant filed a motion to implement the terms of the pretrial agreement between the parties. On September 30, 1980, the trial court, after expressing displeasure that the agreement had been concealed from it, 6 denied the motion on the ground that the agreement by its own terms was unenforceable. The trial court concluded that the agreement called for the offsetting credit only if the award of alimony was above a certain amount. It, therefore, held that the agreement was unenforceable because the judgment only divided property and did not award alimony. The defendant claims on appeal that the trial court erred by distinguishing the division of property from lump sum alimony. We need not reach the issue urged upon us by the defendant, however, because we conclude that the agreement is void and unenforceable as violative of public policy.
It is well settled in Connecticut that agreements, such as the one involved in this case, (Emphasis added.) Maisch v. Maisch, 87 Conn. 377, 383, 87 A. 729 (1913). We have often cited this rule with approval. Rifkin v. Rifkin, 155 Conn. 7, 9-10, 229 A.2d 358 (1967); Whitney v. Heublein, 145 Conn. 154, 160, 139 A.2d 605 (1958); Koster v. Koster, 137 Conn. 707, 711, 81 A.2d 355 (1951); Hooker v. Hooker, 130 Conn. 41, 47, 32 A.2d 68 (1943); Lasprogato v. Lasprogato, 127 Conn. 510, 513, 18 A.2d 353 (1941); Felton v. Felton, 123 Conn. 564, 568, 196 A. 791 (1938); Weil v. Poulsen, 121 Conn. 281, 286, 184 A. 580 (1936); Mills v. Mills, 119 Conn. 612, 620, 179 A. 5 (1935).
Hayes v. Beresford, --- Conn. ---, 440 A.2d 224 (1981).
The agreement in this case by its own terms specifically provided that it be concealed from the trial court. It is contrary to public policy and, therefore, void and unenforceable.
The defendant suggests that any concealment problem was overcome by the disclosure of the agreement to Judge Novack as part of the hearing on the plaintiff's motion to compel the defendant to answer questions about the agreement. Such an argument, however, misses the mark. The point of the rule discussed above is the disclosure of the agreement to the trial judge so that he or she may reach an informed judgment based upon an accurate and complete record. It is irrelevant that some other judge may have been aware of or even approved of such an agreement, because the agreement is against public policy so long as it is concealed from the trial court.
The problems in this case, however, go deeper than just the improper concealment of the agreement from the trial court. As a consequence of the agreement, both parties filed inaccurate and misleading financial affidavits with ...
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