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14 Conn. App. 243

Werba v. Werba

Connecticut Appellate Court

Decided March 30, 1988

Connecticut Appellate Court · decided 1988-03-30

Relies on Damora v. Christ-Janer · 2 Conn. App. 54 - Ram Roofing & Sheet Metal Co. v. A.B.C. Plumbing & Heating, Inc.

Decided 1988-03-30

Per Curiam.

¶1The defendant is appealing from the judgment rendered in a dissolution action.

¶2The initial question before us is whether the factual finding of the state trial referee, that the separation agreement entered into by the parties was fair and equitable, was clearly erroneous. A further question raised by this appeal is whether the factual findings by the trial court, after a hearing held on a motion to open, were also clearly erroneous. We respond in both instances in the negative.

¶3An appellate court may not retry facts and its duty upon review of a claim which challenges the factual basis of the trial court’s decision is limited to a determination of whether the trial court’s judgment was clearly erroneous in this respect or otherwise contrary to law. Practice Book § 4061; Damora v. Christ-Janer, 184 Conn. 109, 113, 441 A.2d 61 (1981); Ram Roofing *244& Sheet Metal Co. v. A.B. C. Plumbing & Heating, Inc., 2 Conn. App. 54, 56, 475 A.2d 341 (1984).

¶4Our review of the record, transcripts and briefs clearly discloses a sufficient basis to sustain the decision of both the state trial referee and the trial court.

¶5There is no error.

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