Rosario v. Rosario, 198 Conn. App. 83 (2020) (vacating of order by granting continuance)

Officially released June 16, 2020.

In Short: Denial of a contempt motion was vacated when a continuance request that had previously been filed was granted after the order denying the motion.

Wife filed post-judgment contempt motions.  She filed motions for continuance but failed to appear on the date of the motions, which were denied.  Her motion for continuance was subsequently granted, and ultimately the motions were heard with all parties present, and Husband was found in contempt.

Husband appealed, arguing that the motion had previously been denied and were not pending, and that he had not been served.  The Appellate Court held that the granting of the continuance had the effect of vacating the prior denial of the motions, and that Husband inadequately briefed (one sentence in thirty pages) his claim regarding lack of service.  The judgment was affirmed.