Seals v. Havey
| Decision Date | 02 February 2016 |
| Docket Number | FSTCV146022271S |
| Court | Connecticut Superior Court |
| Parties | Catherine Seals, Executrix of the Estate of Raynald B. Cantin v. Patricia Havey aka Patricia Misthopoulos et al |
UNPUBLISHED OPINION
The issues in this Motion for Summary Judgment revolve around attorneys fees incurred by Noel Misthopoulos, a defendant in a long-lasting hotly contested Connecticut dissolution of marriage action. Mr. Misthopoulos is not a party in this lawsuit. To the best of this court's knowledge, Noel Misthopoulos resides in a foreign country.
The court has applied all the requisite standards for decisions by trial courts in motions for summary judgment without the need to restate those standards in this Memorandum of Decision. Covello v. Darien, Superior Court judicial district of Stamford/Norwalk at Stamford, Docket No FST CV 08-5008909 S (October 22, 2010, Tierney, J.T.R.) ; Forrest v. Southeby's Int'l Realty, Inc., Superior Court, judicial district of Stamford/Norwalk at Stamford, Docket No. FST CV 11-6010200S, (January 9, 2013, Tierney, J.T.R.).
Cantin Lawyers, P.C. performed legal services for Noel Misthopoulos in the Connecticut contested dissolution action. Cantin Lawyers, P.C. claim that Mr. Misthopoulos had not paid his bill for attorney's services and there remained a large sum outstanding. A lawsuit was commenced by Cantin Lawyers, P.C. against Noel Misthopoulos in the Superior Court, judicial district of Stamford/Norwalk of Stamford, Docket Number FST CV 08-5005829 S returnable on January 8, 2008. A Prejudgment Remedy seeking a real estate attachment was applied for by plaintiff's counsel. On June 16, 2008, the undersigned, sitting in the Special Proceedings civil short calendar docket in Stamford, Connecticut ordered a prejudgment remedy in the form of a real estate attachment on the real property at 5 Shields Lane, Darien, Connecticut in the amount of $50, 000 (#102.00). The real estate attachment was served on Noel Misthopoulos and the plaintiff filed an attachment in the Darien land records on June 24, 2008 (#103.10). (#150.00, Exhibit B.) The civil suit was then commenced. Thereafter Noel Misthopoulos was defaulted for failure to appear and a judgment in the amount of $50, 914.17 was entered by the Superior Court on December 8, 2008 in that docket number in favor of Cantin Lawyers, P.C. (#106.55). Noel Misthopoulos was the only defendant in FST CV 08-5005829 S. The $50, 914.17 judgment consisted of $33, 957.03 unpaid attorney fees in the dissolution of marriage action, $3, 483.42 interest, $12, 480.15 collection attorney fees and $993.57 Bill of Costs (#111.00). Post-judgment interest at the rate of 6% was awarded (#113.86). On January 20, 2009 the plaintiff, Cantin Lawyers, P.C., filed a judgment lien on the real property at 5 Shields Lane, Darien, Connecticut (#112.00). (#150.00, Exhibit C.) This judgment lien was filed within four months from the entry of judgment. Gen. Stat. § 52-328(b). As of that date Noel Misthopoulos still owned the record title to a one-half interest in and to 5 Shields Lane, Darien, Connecticut with his former wife, Patricia Misthopoulos, now referred to as Patricia Havey in this litigation. Further post-judgment efforts were expended in that civil lawsuit for the collection of the attorneys fees judgment. All such efforts were unsuccessful and executions were returned unsatisfied. As of this date the judgment in docket number FST CV08-5005829 S remains in full force and effect as an uncollected civil judgment.
The senior partner in Cantin Lawyers, P.C., Raynald B. Cantin, was assigned the judgment against Noel Misthopoulos. Mr. Cantin passed away and the plaintiff, Catherine Seals, was appointed the Executrix of the decedent Estate of Raynald B. Cantin. After the unsuccessful efforts in docket number FST CV 08-50058295 to collect on the judgment, on May 14, 2014, the plaintiff, as Executrix of the Estate of Raynald B. Cantin, filed this present lawsuit against four defendants. The real property at 5 Shields Lane, Darien, Connecticut was sold on July 5, 2012 and the Cantin Lawyers, P.C. judgment lien was not paid at the closing.
The four defendants in this instant lawsuit are: (1) Patricia Havey, formerly known as Patricia Misthopoulos, the former spouse of Noel Misthopoulos and a party in the Stamford, Connecticut dissolution of marriage action FST FA 04-4000976 S; (2) Attorney Glen J. Moore, who was the real estate closing attorney representing Patricia Havey at the sale to third parties of the real property at 5 Shields Lane, Darien, Connecticut (Moore defendants); (3) Carta, McAlister & Moore, LLC, the law firm in which Glen J. Moore was associated at the time of the real estate closing (Moore defendants); and (4) Carr, Douglas & Cline, LLC., the law firm in which Attorney Linda Douglas was associated in her capacity as the attorney of record for Noel Misthopoulos in the Connecticut contested dissolution of marriage action (Douglas defendants). These attorneys and law firms are also referred to in this Memorandum of Decision as attorney defendants.
The Operative Complaint is the Substitute and Revised Complaint dated January 5, 2015 (#122.00). It is a six-count complaint. The First Count is against Patricia Havey for conversion and impairment of judgment lien. The Second Count is against Attorney Glen J. Moore and his law firm, Carta, McAlister & Moore, LLC, for conversion and impairment of judgment lien. The Third Count is against the law firm of Carr, Douglas & Cline, LLC for conversion and impairment of judgment lien. The Fourth Count in unjust enrichment against all of the defendants. The Fifth Count is an accounting account that had been stricken by the court and is no longer pending. The Sixth Count is against all of the defendants for statutory theft in violation of Gen. Stat. § 52-564.
The Misthopoulos contested dissolution case had been pending since August 2004 as FST FA 04-40009765. It was tried to a conclusion having been transferred from the Stamford/Norwalk judicial district to the Regional Family Docket at the Middletown Superior Court where such contested marital disputes are frequently referred. Patricia Misthopoulos was the plaintiff and Noel Misthopoulos was the defendant. There were no other parties joined in the dissolution of marriage action. Both parties were represented by separate counsel at trial. During this marital litigation, on May 17, 2005 Patricia Misthopolous filed a lis pendens against the real property at 5 Shields Lane, Darien, Connecticut, which was properly served (#114.10).
The trial judge, Abery-Wetstone, J., entered orders on July 25, 2006 granting a decree dissolving the marriage after the conclusion of the contested dissolution trial (#237.00). (#142.00, Exhibit F.) Of interest in this dissolution of marriage lawsuit is Order 10.a. entitled Property Settlement. Order 10.a. relates to the distribution of the family home located at 5 Shields Lane, Darien, Connecticut. The entirety of the Order 10.a. is as follows:
The husband shall quitclaim all his right, title and interest in and to the family home located at 5 Shields Lane, Darien, CT, to the wife within 21 days of the date of judgment. The wife shall hold the husband indemnified and harmless from the real estate taxes, homeowner's insurance, utilities and maintenance for said home. The value of the property is $2, 600, 000, the mortgage on the property is $1, 200, 000, and the marital equity in the property is $1, 400, 000. The wife shall give the husband a mortgage on the home for the principal sum of $420, 000 bearing simple interest at the rate of 3% per annum. The mortgage shall be due and payable on the first to occur of: the children reaching the age of 18, the wife's remarriage or cohabitation, the home no longer being used as the principal residence of the wife and children;
Order 10.a. July 25, 2006 Memorandum of Decision.
Noel Misthopoulos appealed. His appeal was transferred to the Supreme Court. The appeal stayed the effect of Order 10.a. In a significant decision issued on July 13, 2010 the Supreme Court reversed the child support order in language affecting most high income families. The Supreme Court affirmed the property distribution orders including Order 10.a. Misthopoulos v. Misthopoulos, 297 Conn. 358, 390, 999 A.2d 721 (2010). After July 13, 2010, the appellate stay was no longer in effect and Order 10.a. became fully enforceable. It is during this interim period of time, July 25, 2006 to July 13, 2010, that the plaintiff's attachment and judgment lien were recorded on the Darien land records.
Thereafter despite efforts by the plaintiff, Patricia Havey, Noel Misthopoulos refused to execute the quitclaim deed to put into full force and effect Order 10.a., Property Settlement. As a result she obtained court orders on December 6, 2010 and January 5, 2011 pursuant to Conn. Stat. § 46b-81(a) and (b). (#142.00, Exhibit A.) Judge Malone, sitting in Stamford where the dissolution of marriage action had originated and where the action had been transferred after the dissolution of marriage judgment entered in Middletown, ordered that all of Noel Misthopoulos's right, title and interest in and to the real property at 5 Shields Lane, Darien, Connecticut be transferred from Noel Misthopoulos to Patricia Misthopoulos, then known as Patricia Havey (#380.00, #381.00 #385.00.) Patricia Havey is claiming that her 100% title to 5 Shields Lane, Darien, Connecticut relates back to her May 17, 2005 recordation of her lis pendens in the dissolution of marriage action. ...
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