PER CURIAM.
The plaintiff, Caroline Hirschfeld, appeals from the judgment of the trial court granting the postjudgment motion for sanctions filed by the defendant, Robert B. Machinist, and ordering the plaintiff to pay to the defendant $71,475.10 in attorney's fees. On appeal, the plaintiff claims that the award of attorney's fees was improper because (1) the court was without subject matter jurisdiction, and (2) the court improperly imposed sanctions on the plaintiff for bad faith litigation conduct. We affirm the judgment of the trial court.
On November 27, 2009, the defendant filed postjudgment motions for contempt and for sanctions against the plaintiff. The defendant alleged, in part, that despite the merger clause in the parties' agreement, the plaintiff had instituted litigation against him in both New York and in Connecticut, in October, 2008, and October, 2009, respectively, seeking damages based on matters that had occurred prior to the agreement and which were barred because of the agreement.
The plaintiff first claims that the court lacked subject matter jurisdiction "to award attorney's fees for conduct in a New York lawsuit absent [a] violation of an order of the Connecticut court." The plaintiff argues: "It is absolutely clear . . . that the court's `inherent' power to award attorney's fees when the `losing party has acted in bad faith' refers to inherent authority of the court to regulate conduct before the court, not before some other court. In this case, the only attorney's fees awarded were those incurred defending a civil action pending entirely within. . . New York. . . . There simply is no jurisdictional basis for a Connecticut judge to enter an order of sanctions for conduct before a New York . . . judge. Nor was any conduct before the small claims court before the trial court here." The defendant contends that the plaintiff is confusing authority to act with subject matter jurisdiction and that the court clearly had jurisdiction over the subject matter of his motion for sanctions. We agree with the defendant.
"There is a distinction between a court's jurisdiction and its statutory authority to act. See 1 Restatement (Second), Judgments § 11 (1982). Subject matter jurisdiction involves the authority of a court to adjudicate the type of controversy
The defendant filed postjudgment motions for contempt and for sanctions, asking the court to find the plaintiff in contempt and to impose sanctions on the plaintiff for engaging in bad faith litigation. Pursuant to General Statutes § 46b-1: "Matters within the jurisdiction of the Superior Court deemed to be family relations matters shall be matters affecting or involving: (1) Dissolution of marriage. . . and (17) all such other matters within the jurisdiction of the Superior Court concerning . . . family relations as may be determined by the judges of said court." Clearly, the court had subject matter jurisdiction over the defendant's post-judgment motion that sought, inter alia, sanctions for the plaintiff's violation of the terms of the dissolution judgment.
The plaintiff next claims that the court improperly imposed sanctions on the plaintiff for her bad faith litigation conduct. She argues that the court failed to make the necessary findings required by Maris v. McGrath, 269 Conn. 834, 850 A.2d 133 (2004), before imposing sanctions, failed to apply the appropriate "formulation of the bad faith exception applying to nonlawyers" and failed to consider that the plaintiff had acted in reliance on the advice of counsel. We conclude that the court did not abuse its discretion in imposing sanctions on the plaintiff.
"[S]ubject to certain limitations, a trial court in this state has the inherent authority to impose sanctions against an attorney and his client for a course of claimed dilatory, bad faith and harassing litigation conduct, even in the absence of a specific rule or order of the court that is claimed to have been violated." (Internal quotation marks omitted.) CFM of Connecticut, Inc. v. Chowdhury, 239 Conn. 375, 393, 685 A.2d 1108 (1996), overruled in part on other grounds by State v. Salmon, 250 Conn. 147, 154-55, 735 A.2d 333 (1999). "To ensure . . . that fear of an award of attorneys' fees against them will not deter persons with colorable claims from pursuing those claims, we have declined to uphold awards under the bad-faith exception absent both clear evidence that the challenged actions are entirely without color and [are taken] for reasons of harassment or delay or for other improper purposes. . . and a high degree of specificity in the factual findings of [the] lower courts. . . . Whether a claim is colorable, for purposes of the bad-faith exception, is a matter of whether a reasonable attorney could have concluded that facts supporting the claim might be established, not whether such facts had been established. . . . To determine whether the bad faith exception applies,
Applying the standard set forth in Maris to the present case, we conclude that the trial court did not abuse its discretion in sanctioning the plaintiff. The court specifically found that the parties' agreement contained a merger clause in which the parties agreed that there were no outstanding issues between them other than those set forth and resolved in that agreement.
The judgment is affirmed.