Leo Rheaume v. Rosalie Rheaume (2013)

MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR PROTECTIVE ORDER (# 122) AND DEFENDANT'S MOTION TO DISMISS (# 123)

The court heard the parties argue their motions through counsel on June 11, 2013.   The basic facts as set forth in plaintiff's and defendant's Memoranda of Law ¹ are not in dispute.   The court makes the following findings based on these facts and its own review of the court file.

1. As part of its decision in a dissolution trial, the court, Westbrook, J. ordered plaintiff to pay defendant $224,334.00 no later than thirty (30) days after its February 21, 2013 denial of plaintiff's Motion to Reargue.

2. On April 5, 2013—days after Judge Westbrook's deadline—defendant's counsel filed a bank execution pursuant to C.G.S. Section 52–367b.

3. A Judicial Marshal served this execution after it had been reviewed and signed by the Chief Clerk of the Hartford Family Court.

4. The marshal is entitled to fees for his service according to C.G.S. Section 52–261(a)(6).

5. There is no claim that defendant, her attorney, the clerk or the marshal exceeded their legal authority.

Based on these findings, the court denies plaintiff's Motion for Protective Order.   Defendant's Motion to Dismiss is therefore moot.

SO ORDERED.

Carbonneau, J.

FOOTNOTES

FN1. Dated July 3, 2013 and May 15, 2013, respectively..  FN1. Dated July 3, 2013 and May 15, 2013, respectively.

Carbonneau, John L., J.