Foley v. Foley
Foley v. Foley
Opinion of the Court
Opinion
The defendant, Andrew C. Foley, appeals from the judgment of the trial court denying three motions for contempt that he filed against the plaintiff, Joanne M. Foley. On appeal, the defendant essentially requests that we review these motions de novo. We affirm the judgment of the trial court.
The following facts reasonably can be ascertained from the record. The marriage of the parties was dissolved in February, 2010. In October, 2011, the defendant filed three separate postjudgment motions for contempt. In the first motion, the defendant alleged that the plaintiff was in contempt because she had defaulted on the parties’ mortgage and had increased the loan amount on the home by more than $25,000 without the defendant’s permission. The court denied this motion finding that the plaintiff was not in wilful
On appeal, the defendant requests that we “review the decisions [of the trial court] anew.” We are mindful, however, that “[o]ur function as an appellate court is to review and not retry the proceeding of the trial court.” (Internal quotation marks omitted.) In re Davonta V., 98 Conn. App. 42, 49, 907 A.2d 126 (2006), aff'd, 285 Conn. 483, 940 A.2d 733 (2008). As to the first motion, the defendant “requests that the court provide relief from this situation by ordering the plaintiff to refinance the property in [her own] name ... [or that she] be ordered to sell the property and clear the loan . . . .” As to the second motion, the defendant “asks that the court order [the child care] bills to cease and that any future qualifying bills be split ... in accordance with the child support guidelines.” He also asks us to order that the plaintiff “be more cooperative in regard to the defendant’s offer for alternative day care with [him].”
Additionally, even if the defendant had sought review of the court’s orders instead of a de novo hearing, we would decline to review his claims because of inadequate briefing. The defendant has failed to set forth a standard of review for any of his claims or to cite relevant authority in support of his position.
The judgment is affirmed.
Although some motions that are denied “without prejudice” are not appealable final orders, in this case, the court clearly denied the motion at issue with respect to the plaintiffs conduct up to the time the motion was filed. See Moreira v. Moreira, 105 Conn. App. 637, 639-40, 938 A.2d 1289 (2008). Therefore, the matter fully was acüudicated and is a final order for purposes of appeal.
The defendant also has failed to provide a written memorandum of decision or a signed transcript setting forth the court’s findings of fact and conclusions of law with respect to its rulings as required by Practice Book § 64-1. The defendant, however, has provided an unsigned transcript of the October 24, 2011 motion hearing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.