Grayson v. Grayson

Decision Date03 February 1987
Citation202 Conn. 221,520 A.2d 225
CourtConnecticut Supreme Court
PartiesArthur I. GRAYSON v. Elyn K. GRAYSON.

Wesley W. Horton, Hartford, with whom were Susan M. Cormier and, on the brief, Anthony A. Piazza, Stamford, for appellant (defendant).

Lawrence P. Weisman, with whom were Mark Soboslai and, on the brief, Ellen B. Lubell, Westport, for appellee (plaintiff).

Before HEALEY, SHEA, DANNEHY, CALLAHAN and PICKETT, JJ.

PER CURIAM.

This is an appeal from a judgment of the Appellate Court, affirming, by a divided court, a judgment of dissolution of marriage, upon an order of the trial court denying a motion by the defendant to open the judgment.

The plaintiff husband sued for dissolution of marriage on the ground of irretrievable breakdown. The defendant wife counterclaimed for a dissolution of the marriage on the ground of adultery and she also requested alimony. Each of the parties claimed a division of their property.

A trial of the issues framed by the pleadings began on May 26, 1981, before a state trial referee. On the third day of trial a settlement was reached whereby the action for dissolution would be discontinued and an agreement concerning nonmodifiable alimony and the disposition of property would be spread on the record in open court. Both parties stipulated that their marriage had broken down irretrievably and dictated into the record an agreement concerning alimony and the disposition of their property. The court thereupon entered a decree dissolving the marriage on the basis of irretrievable breakdown. The court also found, as the parties had represented, that the settlement agreement was fair and reasonable, and it incorporated the agreement into its decree.

In September, 1981, the defendant moved that the stipulated judgment be opened on the ground that the financial affidavit filed by the plaintiff on May 26, 1981, was fraudulent. The plaintiff opposed the motion on its merits. The trial court adopted verbatim the findings of fact as drafted by the plaintiff, found no fraud, and denied the motion. The Appellate Court determined that the decision of the trial court was not clearly erroneous, with one judge dissenting. Grayson v. Grayson, 4 Conn.App. 275, 494 A.2d 576 (1985). The determination was made "after a meticulous examination of the parties' detailed factual claims and the entire record," pursuant to which the court "concluded that there was credible evidence for all of the [trial] court's findings and that the findings were substantially in accord with the opinion." Id., 285, 494 A.2d 576.

We are in agreement with the views expressed by the Appellate Court in its opinion, and it would serve no useful purpose to repeat that court's discussion here. Our test for clear error on appellate review is, of course,...

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34 cases
  • Dougan v. Dougan, No. 28711.
    • United States
    • Connecticut Court of Appeals
    • 19 Mayo 2009
    ...cert. denied, 205 Conn. 808, 532 A.2d 76 (1987); Grayson v. Grayson, 4 Conn.App. 275, 494 A.2d 576 (1985), appeal dismissed, 202 Conn. 221, 520 A.2d 225 (1987)." Mulholland v. Mulholland, 229 Conn. 643, 650-51, 643 A.2d 246 (1994). Moreover, our courts have long recognized, as the majority ......
  • In re Halle T., No. 25675.
    • United States
    • Connecticut Court of Appeals
    • 8 Agosto 2006
    ...(Emphasis added.) Id., at 235, 486 A.2d 661. In Grayson v. Grayson, 4 Conn.App. 275, 494 A.2d 576 (1985), appeal dismissed, 202 Conn. 221, 520 A.2d 225 (1987), the defendant argued that she was denied a fair hearing with respect to her motion to open the judgment of dissolution on the groun......
  • State v. Mancinone
    • United States
    • Connecticut Court of Appeals
    • 19 Julio 1988
    ...basis for us, from our "appellate perch"; Grayson v. Grayson, 4 Conn.App. 275, 293, 494 A.2d 576 (1985), appeal dismissed, 202 Conn. 221, 520 A.2d 225 (1987) (cert. improvidently granted); to believe from this record that the jury misapplied the trial court's repeated instructions that its ......
  • Grayson v. Wofsey, Rosen, Kweskin and Kuriansky
    • United States
    • Connecticut Supreme Court
    • 23 Agosto 1994
    ...the Appellate Court, which affirmed the judgment. Grayson v. Grayson, 4 Conn.App. 275, 494 A.2d 576 (1985), appeal dismissed, 202 Conn. 221, 520 A.2d 225 (1987). The plaintiff also brought this legal malpractice action against the defendants. Her complaint alleged that she had agreed to the......
  • Request a trial to view additional results
3 books & journal articles
  • Survey of 1989 Developments in Connecticut Family Law
    • United States
    • Connecticut Bar Association Connecticut Bar Journal No. 64, October 1989
    • Invalid date
    ...granted, see Grayson v. Grayson, 4 Conn. App. 275, 494 A.2d 576, cert. granted, 197 Conn. 807, 499 A.2d 58 (1985), appeal dismissed, 202 Conn. 221, 520 A.2d 220 (1987). 51. Darak v. Darak, 210 Conn. 462, 556 A.2d 145 (1989), discussed Supra. 52. CONN. GEN. STAT. § 46b-86(a) provides: Unless......
  • 1991 Connecticut Appellate Review
    • United States
    • Connecticut Bar Association Connecticut Bar Journal No. 66, January 1991
    • Invalid date
    ...65 CONN. B. J., Special Issue (January 1991). 19. 220 Conn. at 218-22. 20. 4 Conn. App. 275, 296,494 A.2d 576 (1985), appeal dismissed, 202 Conn. 221,520 A.2d 225 21. 220 Conn. at 221. Billington also resolved the confusion in the prior cases about the difference between fraud on the partie......
  • Survey of 1994 Developments in Connecticut Family Law
    • United States
    • Connecticut Bar Association Connecticut Bar Journal No. 69, January 1994
    • Invalid date
    ...Thomas v. Thomas, 34 Conn, A 926(1994). 113. 231 Conn. 168 (1994). 114. Grayson v. Grayson, 4 Conn. App. 275 (1985), appeal dismissed, 202 Conn. 221 J987). 115. She also sued an accountant who had assisted in the preparation of the dissolution case and his firm. The jury returned defendants......

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