Argued
May 15, 2019
Appeal
from the Superior Court, Judicial District of Stamford,
Edward R. Karazin, Jr., Judge Trial Referee.
Page 513
Thomas
B. Noonan, Darien, for the appellant (defendant).
Juan
Colon-Collazo, pro se, the appellee (plaintiff) filed a
brief.
Lavine,
Prescott and Eveleigh, Js.
OPINION
PRESCOTT,
J.
[193
Conn.App. 253] In this appeal from postjudgment proceedings
to obtain satisfaction of a civil dissolution judgment, the
defendant judgment creditor, Leslie Cox, appeals from the
judgment of the trial court ordering that certain property of
the plaintiff judgment debtor, Juan Colon-Collazo, is exempt
from a property execution.[1] On appeal, the judgment creditor
claims that the court improperly concluded that certain
property she sought to levy was exempt because (1) the
judgment debtor never filed a claim for an exemption as
required by our statutes and case law and (2) its conclusion
was not supported by any evidence. We reverse, in part, the
judgment of the trial court.
The
following facts, as found by the trial court, and procedural
history are relevant. In February, 2012, the judgment debtor
initiated an action against his former wife, the judgment
creditor, alleging defamation.
Page 514
The judgment debtor withdrew the complaint, and the action
proceeded on the judgment creditors amended counterclaim,
which alleged various breaches of the parties separation
agreement, including that the judgment debtor was in arrears
on his obligations to pay unallocated alimony and child
support. The judgment debtor was unrepresented during these
underlying proceedings and on appeal. The parties stipulated
to the amount due on the counterclaim, and, on November 23,
2015, the court, Heller, J., rendered judgment on
the counterclaim in the amount of $448,946.61, plus
postjudgment interest.
On
August 15, 2016, the judgment creditor applied for a property
execution pursuant to General Statutes § 52-356a, which was
issued by the clerk of the court. A levying officer seized
the property in a storage unit [193 Conn.App. 254] at Uncle
Bobs Self Service Storage in Stamford (storage
unit).[2]
On May
12, 2017, the judgment creditor filed a "Claim for
Determination of Interests in Disputed Property" form
that sought a determination of the parties interests in the
personal property in the storage unit, stating that the
storage unit was leased in the name of the judgment debtors
father, Juan Colon-Pagan, but that the judgment debtor stored
property in the storage unit that either belonged to him or
was a former marital asset. See General Statutes § 52-356c.
The
clerk of the court signed the section of the "Claim for
Determination of Interests in Disputed Property" form
entitled "Order For Hearing and Notice" and set a
hearing date for June 5, 2017. Following an evidentiary
hearing, the court, Hon. Edward R. Karazin, Jr.,
judge trial referee, issued a memorandum of decision on July
28, 2017, that determined the interest in the disputed
property contained in the storage unit. The court found that
the storage unit was in the name of the judgment debtors
father, but that the judgment debtor owned the contents of
the storage unit. The court noted that none of the witnesses
provided a complete list of the items in the storage unit,
and that it searched the records and photographs of the
inside of the storage unit to determine its contents. The
court determined that a variety of items in ...