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183 Conn. 124

Powers v. Powers

Supreme Court of Connecticut

Decided February 10, 1981

Supreme Court of Connecticut · decided 1981-02-10

Key passage — most relied on by later courts

“It is the duty of the judge who tried the case to set forth the basis for his decision.”

quoted by 2 later decisions, including Heilweil v. Heilweil, No. Fa83 0212429 S (a.C. 11117) (Apr. 31, 1992), 1992 Conn. Super. Ct. 4005 - Heilweil v. Heilweil, No. Fa83 0212429 S (a.C. 11117) (Apr. 31, 1992)

Relies on Johnson Electrical Co. v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-02-10

How this case has been cited

Cited by 35 later decisions — most recently April 2006 · most notably Community Collaborative of Bridgeport, Inc. v. Ganim (1997), Kaplan v. Kaplan (1981)

35 state decisions

180198119902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1 The sole issue in this case is whether the trial court abused its discretion in its alimony and support award.

¶2 The defendant asserts that the trial court rendered a clearly erroneous decision when it awarded the plaintiff wife unallocated alimony and support in the sum of $500 per week, thereby leaving the defendant the sum of $59 per week for his own living expense.

¶3 After finding an irretrievable breakdown, the trial court ordered a dissolution of the parties’ marriage, awarded custody of the two minor children to the *125 plaintiff and ordered the defendant to pay the plaintiff $500 per week as unallocated alimony and support. In making that order, however, the court failed to file a memorandum of decision or state on the record any basis for its order. The failure to do so effectively prevents appellate review of the defendant’s claim of an abuse of discretion.

¶4 It is the duty of the judge who tried the case to set forth the basis of his decision. Johnson Electrical Co. v. State, 164 Conn. 346, 348, 321 A.2d 461 (1973). This basis is usually set forth in a memorandum of decision. Practice Book § 3060B. Section 3060D of the Practice Book provides that “[i]f the supreme court deems it necessary to the proper disposition of the cause, it may remand the case for a further articulation of the basis of the trial court’s decision.”

¶5 The case is remanded with direction to deliver the file to the judge who presided at the trial with direction for an articulation of the basis of his decision.

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