APPELLANT’S MOTION FOR CONTINUANCE

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that at ______ on _________, or soon thereafter, as the matter may be heard in the above-entitled court. Appellant will move the court for an order continuing this case to a future date. The motion is made on the grounds that Appellant has breast cancer and has just finished treatment. Accordingly, Appellant is waiting for her doctor’s letter to support the court delay. It follows; since Appellant is representing herself pro-se, she may not be able to appear in the court session scheduled for MAY 20, 2021, despite her best efforts to do so.

Dated this _________ day of _____________.

___________________________

JUDY J. CARTEN

MEMORANDUM OF POINTS AND AUTHORITIES

INTRODUCTION

Appellant brings this motion for an order continuing the recommencement of the hearing, currently scheduled for May 20, 2021. Appellant has breast cancer and has just finished treatment. Accordingly, Appellant is waiting for her doctor’s letter to support the court delay. It follows; since Appellant is representing herself pro-se, she may not be able to appear in the court session scheduled for MAY 20, 2021, despite her best efforts to do so.

Appellant has been able to draft a response and/or opposition to Appellee’s Motion for Attorney’s Fees, which document is filed with this Motion.

Refusing to allow a continuance for Defendant would be grossly unfair under the circumstances.

STATEMENT OF FACTS

Plaintiff- Appellee filed for divorce from Defendant-Appellant (“Wife”) in early 2017. After an extensive trial, the Court issued a decision on the dissolution of the parties’ marriage and divided the assets of the parties on or about June 26, 2018.

In the judgment, Appellant was ordered inter alia, to pay the reasonable attorney’s fees and costs. Appellant filed an appeal on July 12, 2018 which the Appellate Court denied.

On or about April 29, 2021, Appellee filed a Motion for Attorney Fees.

This honorable court set the date for hearing Appellee’s motion on May 20, 2021.

GOOD CAUSE EXISTS TO VACATE THE HEARING DATE AND GRANT A CONTINUANCE

“Good cause is defined as a substantial reason amounting in law to a legal excuse for failing to perform an act required by law [and] [l]egally sufficient ground or reason.” (Internal quotation marks omitted.) Schoolhouse v. Wood, supra, 43 Conn. App. 591.

“[The Connecticut Supreme Court] has consistently interpreted `for cause’ as synonymous with nonfrivolous reasons or good cause.” Robinson v. Unemployment Security Board of Review, 181 Conn. 1, 23 n. 7, 434 A.2d 293 (1980).

In light of the foregoing, it is clear that there exists good cause for Appellant to be granted the continuance of the case by reason of her ill health. Accordingly, denial of her motion would be unfair and would defeat justice.

CONCLUSION

The ground(s) enumerated by Appellant weigh in favor of granting the requested continuance of the hearing date pursuant. Therefore, good cause exists to grant the requested continuance and schedule a hearing of this matter to a future date in the Court’s discretion.

DATED:

Respectfully submitted,

                         Signature

___________________

JUDY J. CARTEN

CERTIFICATE OF SERVICE

I hereby certify that on [ENTER DATE], copies of the foregoing document have been sent to the Appellee in the following addresses:

[ENTER ADDRESSES FOR APPELLEE].

                                   Signature

____________________

JUDY J. CARTEN

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