Lisa Farkas v. Sandor Farkas (2011)

ORDER RE MOTIONS FOR CONTEMPT (# 137.00) AND ORDER (# 143.00)

The marriage of the parties was dissolved by order of this court on February 21, 2008.   Subsequent thereto, the defendant husband (“husband”) took an appeal from the decision, which affirmed the trial court on January 12, 2010.   The plaintiff wife (“wife”), who is now known as Lisa Ann Kavanaugh and lives in Ohio, and the husband are both disabled.   The wife is represented by counsel, and the husband is self-represented.   The matter comes to this court by way of the wife's Motion for Contempt (# 137.00) dated April 27, 2010, due to the husband's failure to, among other things, refinance the real property at 2 Fillow Street, Norwalk, Connecticut, within six months of the decree, in order to remove the wife from the mortgage.   The parties have appeared before the court on several occasions.   The husband does not contest the fact that he has failed to comply with the order of the court, merely that he has been unable to comply.   The court gives some credence to his plea, however, his failure to fully communicate with the wife's counsel, despite repeated admonitions by the court to do so, calls his good faith into question and would more than likely have shortened the process.

At a hearing on January 18, 2011, the court heard the parties and ordered the husband to list the property for sale within thirty days.   It did not make a finding of contempt, but gave the parties two weeks to file a current financial affidavit and continued the matter until January 31, 2011, at which time it indicated that it would hear the parties regarding the wife's request for attorneys fees.   The court heard the parties on January 31 and took the papers.

FINDINGS

The court having heard the parties and considered the evidence, finds as follows.

1. That a finding of contempt must be based upon a wilful failure to comply with a clear and unequivocal order of the court.  Sablosky v. Sablosky, 258 Conn. 713, 718 (2001).

2. That on February 21, 2008, the court entered a clear and unequivocal order that the husband refinance the existing mortgage on 2 Fillow Street, Norwalk, Connecticut;  that the husband has failed to comply with the order of the court and is in breach thereof;  but, that, under all the circumstances, he is not in wilful contempt thereof, in that his disability and his lack of gainful employment have been an impediment to his ability to refinance the mortgage.

3. That “in a contempt proceeding, even in the absence of a finding of contempt, a trial court has broad discretion to make whole any party who has suffered as a result of another party's failure to comply with a court order.”  Sardilli v. Sardilli, 16 Conn.App. 114, 120 (1988);  Nelson v. Nelson, 13 Conn.App. 355, 367 (1988).

4. The court has reviewed the Affidavit of Attorneys Fees (# 143.01) dated January 11, 2011, as on file, and finds that the charges are fair and reasonable;  and that, under all the circumstances of this case, it is equitable and appropriate that the husband be responsible for a portion of same.

5. That Motion # 143.00 should be granted in part;  and that as the wife has presented no credible evidence regarding her claims for contempt, other than the husband's failure to refinance said mortgage in a timely manner, which claim has been otherwise ruled on herein, accordingly, Motion # 137.00 should be denied.

ORDER

IT IS HEREBY ORDERED THAT from the proceeds of the sale or transfer of the premises at 2 Fillow Street, Norwalk, Connecticut, or from the proceeds of any refinance of the mortgage thereon, whichever shall sooner occur, the husband shall pay to the wife the sum of $1,750.00 as and for attorneys fees and $61.80 in fees for a total of $l,811.80.

THE COURT

SHAY, J.

Shay, Michael E., J.