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Tworek v. Tworek

Supreme Court of Connecticut
Jan 27, 1976
365 A.2d 392 (Conn. 1976)

Opinion

Argued January 13, 1976

Decision released January 27, 1976

Action and counterclaim for the dissolution of a marriage, and for other relief, brought to the Superior Court in Hartford County and referred to Hon. Howard W. Alcorn, state referee, who, acting as the court, rendered judgment dissolving the marriage and ordering the plaintiff to pay periodic alimony and convey to the defendant his interest in certain real estate, from which judgment the plaintiff appealed to this court. No error.

Charles P. DiFazio, with whom was Robert K. Webber, for the appellant (plaintiff).

Thomas P. Arvantely, for the appellee (defendant).


The plaintiff brought this action for a decree dissolving the marriage of the parties on the grounds of an irretrievable breakdown of the marriage. The defendant counterclaimed seeking the same relief on the same grounds as well as alleged intolerable cruelty on the part of the plaintiff. The case was referred to a state referee (Hon. Howard W. Alcorn), who rendered judgment dissolving the marriage and ordering the plaintiff to convey to the defendant his half interest in certain property and to pay her $70 a week. From this judgment the plaintiff brought the present appeal, filing an assignment of errors claiming that the court erred in making certain findings and in awarding excessive alimony.

The plaintiff did not file either a request for finding or a draft finding. Consequently, no finding was made by the court. "The absence of a finding does not necessarily preclude action by this court. We are, however, limited in our inquiry to the material facts which appear on the record." Robertson v. Robertson, 164 Conn. 140, 142, 318 A.2d 106. There is a memorandum of decision but it does not establish facts and cannot take the place of a finding, although we may consult it for a better understanding of the basis for the court's decision. Davenport Taxi, Inc. v. State Labor Commissioner, 164 Conn. 233, 235, 319 A.2d 386; Murphy v. Murphy, 143 Conn. 600, 602, 124 A.2d 891.

The amount of alimony awarded under a decree dissolving a marriage is within the sound discretion of the trial court. Hotkowski v. Hotkowski, 165 Conn. 167, 172, 328 A.2d 674; see "Connecticut's New Approach to Marriage Dissolution," 47 Conn. B.J. 375, 390. In the absence of a finding and on the record before us, it cannot be said that as a matter of law the award made in this case constituted an abuse of the court's discretion.


Summaries of

Tworek v. Tworek

Supreme Court of Connecticut
Jan 27, 1976
365 A.2d 392 (Conn. 1976)
Case details for

Tworek v. Tworek

Case Details

Full title:NORMAN TWOREK v. LENA T. TWOREK

Court:Supreme Court of Connecticut

Date published: Jan 27, 1976

Citations

365 A.2d 392 (Conn. 1976)
365 A.2d 392

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