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BETH KELLER v. RICHARD KELLER
(SC 19537)
Palmer, Zarella, Eveleigh, McDonald, Espinosa, Robinson and
Vertefeuille, Js.*
Argued September 22—officially released October 25, 2016
Brendon P. Levesque, with whom was Karen L.
Dowd, for the appellant (plaintiff).
Steven R. Dembo, with whom were Caitlin E. Koz-
loski and, on the brief, P. Jo Anne Burgh, for the appel-
lee (defendant).
Opinion
PER CURIAM. In the course of this protracted marital
dissolution action between the plaintiff, Beth Keller,
and the defendant, Richard Keller, the trial court
entered an order of contempt against the plaintiff on
the ground that she had failed to provide the defendant
with her new address after she moved to another resi-
dence with the parties’ three minor children, in violation
of the automatic orders under Practice Book § 25-5 (a)
(2)1 and a court order containing the parties’ parenting
agreement. The plaintiff appealed from the contempt
order to the Appellate Court, claiming that neither
authority literally applied to the facts of the present
case. Keller v. Keller, 158 Conn. App. 538, 547, 119 A.3d
1213 (2015). Specifically, the plaintiff contended that:
(1) § 25-5 (a) (2) was inapplicable because its notice
requirement is limited to a move from the marital home,
not subsequent changes of residence; and (2) the defen-
dant’s actual knowledge of the location of her current
residence satisfied the notice requirements of the court
order. Id., 546–47. Following the Appellate Court’s judg-
ment affirming the contempt order; id., 548; the plaintiff
appealed to this court upon our grant of certification.
Keller v. Keller, 319 Conn. 906, 122 A.3d 638 (2015).
After examining the entire record on appeal and con-
sidering the briefs and oral arguments of the parties,
we have determined that the appeal in this case should
be dismissed on the ground that certification was
improvidently granted.
The appeal is dismissed.
* This case originally was scheduled to be argued before a panel of this
court consisting of Justices Palmer, Zarella, Eveleigh, McDonald, Espinosa,
Robinson and Vertefeuille. Although Justices Espinosa and Robinson were
not present at oral argument, they have read the briefs and appendices,
and have listened to a recording of oral argument prior to participating in
this decision.
1
Practice Book § 25-5 (a) provides in relevant part: ‘‘In all cases involving
a child or children, whether or not the parties are married or in a civil union
. . . (2) A party vacating the family residence shall notify the other party
or the other party’s attorney, in writing, within forty-eight hours of such
move, of an address where the relocated party can receive communication.
This provision shall not apply if and to the extent there is a prior, contradic-
tory order of a judicial authority. . . .’’