Cristiane M. ALMEIDA
v.
Renato ALMEIDA
Argued
March 5, 2019
Appeal
from the Superior Court, Judicial District of Hartford,
Robert Nastri, J.
Page 29
[Copyrighted Material Omitted]
Page 30
David
R. Peck, Hartford, with whom, on the brief, was Brittany
Wallace, for the appellant (defendant).
Giovanna
Shay, with whom, on the brief, were Ramona Mercado-Espinoza,
Hartford, and Enelsa Diaz, for the appellee (plaintiff).
Keller,
Elgo and Bishop, Js.
OPINION
ELGO,
J.
Page 31
[190
Conn.App. 761] In this postdissolution matter, the defendant,
Renato Almeida, appeals from the judgment of the trial court
granting the motion for clarification filed by the plaintiff,
Cristiane M. Almeida. On appeal, the defendant claims that
the court improperly modified the dissolution judgment when
it rendered its clarification.[1] [190 Conn.App. 762] We
agree and, therefore, reverse the judgment of the trial
court.
The
following facts and procedural history are relevant to this
appeal. The parties marriage was dissolved on October 16,
2015. In its memorandum of decision, the court,
Ficeto, J., found, inter alia, that
"[t]he defendant acquired four properties during the
course of the marriage. The property at 409 Sigourney Street,
Hartford [property], is where the parties made their home and
the defendant currently resides. It is a three family home;
the defendant resides in one unit and rents two. [The
defendant] listed the value of [the property] at $ 144,000 on
his financial affidavit. He alleges [that] he is only a 50
percent owner of [the property] and that his business partner
owns 50 percent through a business entity known as Talyah
Home Improvement, LLC.... All properties were purchased with
cash. Counsel for the plaintiff inquired how the defendant
was able to acquire the ... properties with no loans or
mortgages. [The defendant] testified that a sister brought
him $ 100,000 from Brazil and that he used it as seed money
for flipping houses. He alleges [that] the money was his
and that he had saved it in Brazil. He was unable to provide
documentation relative to the $ 100,000. The defendant
testified relative to his business entity, Talyah Home
Improvement, LLC. There was no evidence introduced relative
to either the limited liability [company] or its members.
[The defendant] vaguely testified about his partner, who has
been in Brazil for the past year. [The defendant] alleges
that he deals with his partners people. A review of the
defendants tax returns for the years 2010, 2011, 2012, and
2014 show[s] no schedules related to income from a business
entity known as Talyah Home Improvement, LLC.[2] ... The [190
Conn.App. 763] court does not find credible [the defendants]
recitation relative to his financial affairs." (Footnote
in original.)
As
part of its judgment of dissolution, the court ordered, inter
alia, that "[t]he defendant shall forthwith vacate and
quitclaim to the plaintiff all interest in [the property].
[The] [p]laintiff shall thereafter be responsible for all
expenses relating to said [property], including, but not
limited to, real estate taxes, insurance, and ...