Kabatznick v. Kabatznick
Kabatznick v. Kabatznick
Opinion of the Court
Upon the entry of a judgment dissolving the marriage between the parties, the court ordered the sale of their jointly owned residence not later than four months from June 29,1976. The time for sale of the property having passed, the plaintiff husband on January 5, 1977, moved to open the judgment “so that the Court may now determine a new date for the sale of said property.” Thereafter, on January 21, 1977, Edwin G-. Hebb, Jr., filed an appearance as attorney for the defendant “in lieu of appearance of attorney . . . John Carrozzella already on file.” Pursuant to Practice Book, 1963, § 42 (b), the defendant’s counsel of record, Attorney Carrozzella, filed a timely objection to the appearance of Attorney Hebb and requested a hearing regarding the matter.
On January 27, 1977, at a hearing, both issues were brought to the attention of the court. The court modified the judgment and ordered that the sale of the property be made on or before May 1, 1977, but took no action regarding the representation of the defendant, and she has appealed.
It appearing that at the time the court acted on the plaintiff’s motion to open, it had before it Attorney Carrozzella’s objection to the appearance
There is error, the order opening the judgment is vacated and the case is remanded for further proceedings not inconsistent with this opinion.
Reference
- Full Case Name
- Norman M. Kabatznick v. Joan S. Kabatznick
- Status
- Published