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Fitzgerald v. Fitzgerald
State: Connecticut
Court: Court of Appeals
Docket No: AC20562
Case Date: 12/12/2000
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** JESSICA FITZGERALD v. TRACY FITZGERALD (AC 20562)
Schaller, Mihalakos and Zarella, Js. Submitted on briefs October 18--officially released December 19, 2000 Counsel

Judith I. Johannsen and Michael A. Lockaby filed a brief for the appellant (defendant). Kenneth J. McDonnell filed a brief for the appellee (plaintiff).
Opinion

PER CURIAM. The defendant, Tracy Fitzgerald, appeals from the judgment of the trial court in this action for the dissolution of the parties' marriage. On appeal, the defendant claims that the court improperly determined that certain moneys transferred from his mother to him and the plaintiff, Jessica Fitzgerald, constituted a gift and not a loan. We affirm the judgment of the trial court. In the court's memorandum of decision, the only reference to those moneys is the following legal conclusion: ``The court finds that as far as the plaintiff wife

is concerned, the funds contributed by the defendant's mother for the purchase of the parties' marital home was a gift. To hold otherwise would compel a finding of fraud by the parties to induce the bank to grant the mortgage. If the defendant wishes to consider the gift from his mother as a loan, it shall be his obligation to repay it and hold harmless the plaintiff from any liability.'' The defendant did not seek an articulation of this conclusion. ``Under these circumstances, [w]e . . . are left to surmise or speculate as to the existence of a factual predicate for the trial court's rulings. Our role is not to guess at possibilities, but to review claims based on a complete factual record developed by a trial court. . . . Without the necessary factual and legal conclusions furnished by the trial court . . . any decision made by us respecting [the defendant's claims] would be entirely speculative.'' (Internal quotation marks omitted.) Chase Manhattan Bank/City Trust v. AECO Elevator Co., 48 Conn. App. 605, 608
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