DocketNumber: No. FA-00-0725257S
Citation Numbers: 2001 Conn. Super. Ct. 3434
Judges: CARUSO, JUDGE.
Filed Date: 3/8/2001
Status: Non-Precedential
Modified Date: 4/17/2021
According to the plaintiff's motion for contempt filed November 30, 2000, the defendant executed a quitclaim deed on November 13, 2000, resulting in the parties becoming tenants in common. The quitclaim deed was actually executed by the defendant's daughter. The parties owned the property in dispute since February 5, 1981 as joint tenants with rights of survivorship. In the motion for contempt the plaintiff claims that the execution of the quitclaim deed is a violation of the automatic orders that are served with every dissolution complaint. Practice Book §
The defendant died on November 16, 2000, one day after the quitclaim deed was executed. An objection to the motion for contempt was filed claiming that the defendant did not violate the automatic order because he is deceased and the court lacks subject matter jurisdiction because the action abates upon the death of a party to a dissolution pursuant to the statutes. In particular, the defendant claims that General Statutes §
Counsel for the decedent claims that he no longer represents the CT Page 3436 decedent and any party charged with contempt has a right to counsel. The defendant also claims that contempt must be willful and in this case the defendant did not sign the quitclaim deed and had no knowledge of his daughter's actions. The court finds these claims to be without merit. Counsel filed an objection on behalf of the decedent and although the decedent did not sign the quitclaim his attorney in fact did sign the quitclaim. Additionally, if counsel for the defendant witnessed the signing of the short form attorney in fact and could have made her aware of the dissolution orders.
The plaintiff, in her memorandum of law, requested that the personal representative of the decedent's estate be substituted for the defendant in the present action for the purpose of resolving the alleged violation of the automatic orders. The plaintiff does not name the "personal representative" nor did she file a motion to substitute the "personal representative." If the plaintiff is referring to the decedent's daughter from the prior marriage who was appointed as the decedent's attorney in fact pursuant to the Connecticut statutory short form power of attorney, the court notes that the power granted to the decedent's daughter ended upon the death of the decedent. See General Statutes §§
For the foregoing reasons, the plaintiff's motion for contempt is denied.
John R. Caruso, J.