Dubaldo v. Dubaldo

The defendant appeals from the judgment rendered in a dissolution action. The sole question presented to us in this appeal is whether the trial court erred when it failed to grant the defendant’s oral motion for a mistrial made after the trial court conducted an ex parte discussion in chambers with one of the plaintiff’s witnesses. We find error.

The facts pertinent to this appeal follow. The plaintiff, Kathleen M. Dubaldo, and the defendant, Robert V. Dubaldo, had been engaged in a long and bitter dissolution proceeding that culminated in a thoroughly and vigorously contested trial. During…