DocketNumber: No. CV 96 60485 S
Citation Numbers: 1997 Conn. Super. Ct. 856
Judges: HAMMER, JUDGE TRIAL REFEREE.
Filed Date: 2/11/1997
Status: Non-Precedential
Modified Date: 7/5/2016
The plaintiff in this action has alleged that by virtue of the supplemental judgment rendered on May 4, 1993, in the dissolution action, the defendant in this action "became indebted to the [plaintiff] in the sum of 27,001.58", and the defendant has denied that allegation in his answer. The defendant's claims of law are that a judgment may not be rendered in favor of one who was not made a party to the action; Pagani v. BT II. LimitedCT Page 857Partnership,
Section
Where the husband's liability for counsel fees is fixed by the court upon the wife's motion in accordance with the statutory criteria for alimony, the award of counsel fees pursuant to the statute becomes "the measure of her rights and of her husband's obligation." Turner v. Woolworth,
The construction of a judgment is a question of law for the court and requires a judicial determination of the court's intention when it rendered its final judgment based on the circumstances surrounding the making of the judgment, and the court that construes the judgment must give effect to that which is clearly implied although not actually expressed therein.Lashgari v. Lashgari,
For the purpose of determining Judge Steinberg's intention at the time the supplemental judgment was entered on May 4, 1993, this court has taken judicial notice of, and has reviewed, the CT Page 858 pertinent portions of the file in the marital dissolution case, (Muriel L. Benison v. Francis C. Benison, judicial district of Tolland at Rockville, Docket No. FA 90 0043973 S), including the plaintiff's motion to clarify judgment dated February 2, 1993 (Record item #175) which states (p. 3) that "[t]he defendant has taken the position . . . that the amount of his liability to Cummings Lockwood is uncertain and that the plaintiff would request that the court order the defendant to pay . . . $27,001.58 to Cummings Lockwood immediately." Another document that appears in the file in connection with a post-judgment proceeding in September, 1993, concerning alimony is a financial affidavit filed on September 20, 1993, by Francis C. Benison that lists Attorney Ian McLachlan, the wife's attorney, as a creditor who is owed the sum of $30,000.
It is clear from the foregoing references to the file in the dissolution action that Judge Steinberg's intention at the time the supplemental judgment was entered was twofold, first, to quantify the husband's liability for counsel fees so as to make it an enforceable final judgment, and second, to substitute the law firm that had represented the wife during the trial as the real party in interest with respect to the enforcement of the court's prior orders for the payment of counsel fees. Moreover, the defendant expressed no objection at the time to either one of the grounds for the motion to clarify the judgment, and formally acknowledged the existence of the obligation and the fact that it was owed directly to Cummings Lockwood rather than to his former wife, in the financial affidavit that he filed in the course of the post-judgment proceedings.
The rule relied upon by the defendant that a judgment should not be rendered in favor of a person who was not before the court and is a "total stranger to the case"; Pagani v. BT II. LimitedPartnership, supra, 753; is singularly inapplicable to the question of attorney's fees where that issue has already been raised and argued by counsel of record for the plaintiff in the pending action and finally adjudicated by the trial judge and incorporated into the judgment. See Earl v. Las Vegas Auto Parts,
Even if it were to be assumed, however, that the plaintiff was not entitled to a judgment because an order for counsel fees could only be paid to the wife and not to her attorney; seeApplication of Waxstein Gelbman, 130 N.Y.S.2d 285 (Supr. Ct. 1954); the amount of a lien for attorney's fees rendered to the wife, "once fixed in the matrimonial action, is binding on the parties to that action in any other subsequent proceeding or action." Waxstein v. Brenhouse,
For the foregoing reasons the defendant's motion for summary judgment is denied and the plaintiff's cross-motion for summary judgment is granted.
Harry Hammer Judge Trial Referee