Lee v. Lee
| Citation | 174 Conn. 5,381 A.2d 529 |
| Parties | Thomas D. LEE v. Elinor Frances LEE. |
| Decision Date | 08 November 1977 |
| Court | Supreme Court of Connecticut |
Courtney Shea Hudock, Storrs, with whom, on the brief, was Igor I. Sikorsky, Hartford, for appellant (defendant).
Robert A. Teitenberg, West Hartford, for appellee (plaintiff).
Before HOUSE, C. J., and LOISELLE, BOGDANSKI, LONGO and SPEZIALE, JJ.
This appeal was taken from a judgment rendered by a state referee, Hon. Joseph E. Klau, acting as the court, in favor of the defendant on her cross complaint. The action was instituted by the plaintiff, Thomas D. Lee, seeking a divorce on the grounds of intolerable cruelty. The defendant filed a cross complaint which, as amended, sought a dissolution of the marriage on the grounds of intolerable cruelty, adultery, and desertion. When the case was reached for trial, the parties stipulated that the marriage had broken down irretrievably and that there was no reasonable likelihood of a reconciliation. The plaintiff withdrew his complaint and answer to the cross complaint, reserving the right to contest the issue of alimony, and the trial focused on that issue, there being no children of the marriage.
The judgment recited the marriage, the basis of the jurisdiction of the court and the finding that the marriage had broken down irretrievably. It dissolved the marriage, awarded to the defendant (as plaintiff on the cross complaint) all of the plaintiff's interest in jointly owned real estate in West Hartford, ordered an equal division of a jointly owned savings account and certain shares of stock and directed that the plaintiff pay to the defendant $10,000 as lump sum alimony, payable at the rate of $100 per week, together with counsel fees of $1000. It also authorized the defendant to resume her maiden name.
The basic complaint pressed by the defendant on the appeal is that the court did not award her as much alimony as she believed she deserved and made no award of periodic alimony. In accordance with the provisions of §§ 618 and 619 of the Practice Book, the court filed a finding of fact consisting of thirty-six numbered paragraphs which amply supported its conclusions, which are recited in twelve numbered paragraphs. On her appeal, the defendant filed an assignment of errors in two parts, the first consisting of five claims that "(t)he referee erred when he found" certain facts and the second that he erred when he failed to find certain other facts and precluded the defendant from completely establishing her needs and expenses and failed to allow adequate cross-examination of the plaintiff...
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Mack v. LaValley
...verdict. "It is axiomatic that the trial court can be expected to rule only on those matters that are put before it. See Lee v. Lee, 174 Conn. 5, 7, 381 A.2d 529 (1977). With only a few exceptions ... we will not decide an appeal on an issue that was not raised before the trial court. See S......
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State v. Rodriguez
...It is well settled that the trial court can be expected to rule only on those matters that are put before it. See Lee v. Lee, 174 Conn. 5, 7, 381 A.2d 529 (1977). With only a few exceptions . . . we will not decide an appeal on an issue that was not raised before the trial court. See State ......
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State v. Gibson
...It is well settled that the "'trial court can be expected to rule only on those matters that are put before it. See Lee v. Lee, 174 Conn. 5, 7, 381 A.2d 529 (1977). With only a few exceptions . . . we will not decide an appeal on an issue that was not raised before the trial court. See Stat......