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Pryor v. Pryor

Appellate Court of Connecticut

January 19, 2016

LYNDA PRYOR
v.
EDMOND PRYOR

         Argued November 17, 2015

          Action for the dissolution of a marriage, and for other relief, brought to the Superior Court in the judicial district of Fairfield, where the defendant filed a cross complaint; thereafter, the matter was tried to the court, Calmar, J.; judgment dissolving the marriage and granting certain other relief; subsequently, the court, Hon. Howard T. Owens, Jr., judge trial referee, granted certain motions filed by the guardian ad litem and denied certain motions filed by the defendant; thereafter, the court, Hon. Howard T. Owens, Jr. judge trial referee, denied the defendant's motion to reargue, and the defendant appealed to this court, which affirmed the judgment of the trial court; subsequently, the court, Hon. Howard T. Owens, Jr., judge trial referee, granted the plaintiff's motion for order and ordered that the marital home be listed for sale at a certain price, and ruled on various other motions of the parties, and the defendant filed two appeals to this court in AC 36454 and AC 36874, which were consolidated; thereafter, the court, Hon. Howard T. Owens, Jr. judge trial referee, denied the defendant's motions for disqualification and to modify alimony and child support, and granted the plaintiff's motion for counsel fees, and the defendant filed two appeals to this court in AC 37424 and AC 37425, which were consolidated.

          Appeal dismissed in AC 36454 and AC 36874; affirmed in AC 37424 and AC 37425.

          SYLLABUS

         The defendant, whose marriage to the plaintiff previously had been dissolved, filed four separate appeals to this court from various postjudgment rulings of the trial court. In two of the appeals that were consolidated by this court, the defendant claimed that the trial court improperly granted the plaintiff's motion for order and ordered him to list certain marital property for sale at a certain price, when the dissolution judgment required the court to use the average of two appraisals if the parties could not agree on a listing price. In the other two appeals that were consolidated by this court, the defendant claimed that the trial court improperly denied his motions to modify his alimony and child support obligations and to disqualify the presiding judge due to judicial bias, and improperly granted the plaintiff's motion for counsel fees.

         Held :

         1. Because the subject marital property was sold to a third party during the pendency of the appeals, the defendant's claims raised in two of the appeals challenging the trial court's order regarding the method and price by which the marital property was to be sold were moot, as there was no practical relief that this court could grant the defendant regarding his claims in light of the sale of the property to a third party.

         2. The defendant's claims in the two appeals challenging the trial court's rulings denying his motions for modification and to disqualify the presiding judge, and granting the plaintiff's motion for counsel fees were not reviewable, the defendant having failed to brief the claims adequately; the defendant's brief did not include references to the transcript, exhibits or any other documents in the record to support the allegations, the defendant criticized the trial court for not providing an oral or written basis for its denial of the motion for modification but did not avail himself of the opportunity to seek an articulation of the court's ruling, and the portion of his brief concerning the trial court's ruling granting the plaintiff's motion for counsel fees did not provide the applicable standard of review and contained no legal analysis or citations to case law.

         Edmond J. Pryor, self-represented, with whom, on the brief, was Jeanmarie A. Riccio, for the appellant (defendant).

         Yakov Pyetranker, with whom, on the brief, were Annmarie P. Briones and Gary I. Cohen, for the appellee (plaintiff).

         Gruendel, Alvord and West, Js. In this opinion the other judges concurred.

          OPINION

          [162 Conn.App. 453] PER CURIAM.

          These four appeals, consolidated by order of this court into two appeals, arise from postdissolution rulings by the trial court. In appeal AC 36454 and AC 36874, the defendant, Edmond Pryor, claims that the court improperly ordered him to list marital property located at Williamsbridge Road in Bronx, New York at $499,000, when the dissolution judgment required the court to use the average of two appraisals if the parties could not agree on a listing price.[1] In appeal AC 37424 and AC 37425, the defendant claims that the court improperly (1) denied his motion to modify his alimony and child support obligations, (2) denied his motion to disqualify the presiding judge on the ground of judicial bias, and (3) granted the motion for counsel fees filed by the plaintiff, Lynda Pryor.[2] We dismiss as moot the appeal in AC 36454 and AC 36874, because the property at issue was sold to a third party in August, 2015. We decline to review the defendant's claims in AC 37424 and AC 37425 because they are inadequately briefed. Accordingly, we affirm the judgment in AC 37424 and AC 37425.

         The parties were married in the state of New York on August 12, 1989. Three children were born of the marriage. The plaintiff commenced a dissolution of marriage action in 2008, and a judgment of dissolution was rendered by the court, Calmar, J., on July 14, 2010, after a contested trial.[3] The judgment contained orders [162 Conn.App. 454] relating ...


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