2006 Ct. Sup. 21595
No. FST FA 03 0196211 S.Connecticut Superior Court, Judicial District of Stamford-Norwalk at Stamford.
Filed: November 21, 2006.
MEMORANDUM OF DECISION de DEFENDANT’S POST-JUDGMENT MOTION FOR MODIFICATION (196)
HARRIGAN, DENNIS F., J.T.R.
The marital home has not sold as called for by the judgment for the reason that the terms have made the performance impossible. The defendant has now moved for modified terms in order to carry out the sale. The changing real estate values in the area of the subject property require a more reasonable set of terms. As a court of equity the court grants the motion. (Cf Straus v. Kazemekas, 100 Conn. 581, 588-89, 124 A. 234 (1924).) The court is obliged to hold an evidentiary hearing before entering any additional orders designed to carry out the terms of the judgment. Roberts v. Roberts, 32 Conn.App. 465, 629 A.2d 1160
(1993). The matter is set down for such hearing on December 14, 2006 at 9:30 a.m. before the undersigned.
So Ordered. CT Page 21596