224 results for 'court:"Connecticut Court Of Appeals"'.
[Consolidated.] J. Bright finds the trial court properly dismissed a renewable energy developer’s declaratory and injunctive relief for a lack of standing to assert claims against a competing energy developer and its subsidiary for a construction project. The renewable energy developer alleges the competing energy developer’s bid certification was false but fails to show the fraud, corruption or favoritism that allegedly undermines the bidding process. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: April 15, 2024, Case #: AC54620, Categories: Construction, Energy, Fraud
J. Alvord finds the trial court improperly denied the homeowner’s evidentiary hearing request on his homestead exemption claim in this foreclosure. The homeowner argued that his extended homestead exemption had been amended and it should be afforded the protection funds. He raised this claim before the court awarded a judgement in favor of the lender. This case is remanded for further proceedings. Reversed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: April 5, 2024, Case #: AC45340, Categories: Property, Banking / Lending, Foreclosure
J. Suarez finds the trial court improperly granted the real property owners’ motion to enforce a settlement agreement regarding an Easement and Mutual Driveway Agreement against a couple as trustees of a wealth company. The couple who owns abutting property objected to the settlement agreement arguing that the parties did not agree to a clear settlement agreement before or after the pretrial conference. This case is remanded to deny the property owners’ motion. Reversed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: April 5, 2024, Case #: AC45875, Categories: Property, Settlements
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J. Cradle finds the trail court properly granted summary judgment in favor of the lender in this third appeal for foreclosure. The homeowner argues that the summary judgement as to liability wrongfully relied on a loan officer’s affidavit determining the lender was in fact the holder of note at the time of commencement. The loan officer’s affidavit was based on personal knowledge of the records, so it is competent evidence. He also argues as a non-moving party the court erred by not drawing an adverse inference from the lender’s refusal to supply documents and witnesses, but he fails to establish any factual claims. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 5, 2024, Case #: AC45996, Categories: Discovery, Banking / Lending, Foreclosure
J. Elgo finds the trial court improperly denied a motor’s motion for summary judgement in this underinsured motorist dispute regarding herself and two minor children. The mother alleges negligence and recklessness claims against a driver, the vehicle’s owner and the insurer. The tortfeasor’s liability coverage is identical to, not less than, the mother’s underinsured motorist coverage. This case is to be remanded for judgement in favor of the driver, owner and insurer. Reversed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: April 5, 2024, Case #: AC45627, Categories: Insurance, Settlements, Vehicle
J. Keller finds the trial court properly denied defendant's motion to dismiss his criminal case for possession of a firearm without a permit. Evidence in the record indicated he intended to remain in Connecticut for a long period of time, which would have allowed him to apply for a permit and contradicted his arguments before the court. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Keller, Filed On: March 28, 2024, Case #: AC46906, Categories: Evidence, Firearms
J. Alvord finds the lower court properly granted the insurer's motion for summary judgment. The flashing defects discovered in the modular home were not property damage, but proved only that property damage may occur in the future, which was insufficient to trigger coverage under its policy with the builder. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: March 28, 2024, Case #: AC45433, Categories: Evidence, Insurance, Contract
J. Pellegrino finds the lower court properly granted the insurer's motion for summary judgment on property damage claims brought by the Native American casino for its closure during the Covid-19 pandemic. It made no allegations of physical property damage that would have been covered under its insurance policy, while the virus was also considered contamination excluded from coverage. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Pellegrino, Filed On: March 28, 2024, Case #: AC45600, Categories: Insurance, Native Americans, Covid-19
J. Clark finds the trial court erroneously granted the insurer's motion for summary judgment on the substitute complaint filed by the church damaged in a fire. Although the court had previously struck claims against the insurer, the church was entitled to bring a new complaint once it removed the individual responsible for the fire from the filing and corrected the misjoinder that initially led to the removal of claims against the insurer. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 28, 2024, Case #: AC45057, Categories: Civil Procedure, Insurance, Contract
J. Prescott reverses the decision of a habeas court that granted summary judgment for a prisoner who had received five days of risk reduction credit per month to be deducted from his sentence until the institution lowered the risk reduction credit that inmates could receive to two days per month. The prisoner claimed that the change constituted a retroactive extension of his sentence. The judge ruled that while laws preventing retroactive sentencing do exist, they do not apply to the administrative policy decisions of the correctional facility. Reversed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: March 22, 2024, Case #: AC46164, Categories: Habeas, Prisoners' Rights
J. Cradle finds that the trial court properly dismissed a request to reopen a case after a judgement of nonsuit made by a client in a legal malpractice case against the attorneys who represented her in a divorce. The client did not demonstrate that she was reasonably prevented from filing a response prior to the judgment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: March 22, 2024, Case #: AC45261, Categories: Civil Procedure, Legal Malpractice
J. Elgo finds that the trial court properly granted a motion to remove evidence from consideration in a summary process action in which the plaintiff sought possession of a foreclosed property. In a separate case the trial court ruled that the defendant had engaged in a collateral attack on the foreclosure of the property and thus the inclusion of evidence connected to that case was procedurally irrelevant to the decision before the court. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: March 22, 2024, Case #: AC45702, Categories: Civil Procedure, Property, Foreclosure
J. Clark finds that the trial court correctly dismissed a special motion to dismiss based on anti-SLAPP legislation brought by the defendant in a case regarding unpaid rent. The judge ruled that the defendant’s claims in the motion do not relate to his freedom of speech and therefor do not fall under the protections of the Anti-SLAPP law. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 22, 2024, Case #: AC46942, Categories: Anti-slapp, Landlord Tenant, First Amendment
J. Elgo finds that the trial court correctly dismissed a quite title action by a plaintiff who attempted to intervene in the foreclosure of a property based on a claim of ownership as an heir and through a quitclaim deed. After a failed attempt to reopen the foreclosure, plaintiff brought a quiet title action, which the trial court denied as an attempt to repeatedly litigate a prior ruling. Plaintiff had the opportunity to appeal the decision in her prior action but the approach through an additional action is procedurally incorrect. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: March 22, 2024, Case #: AC45450, Categories: Civil Procedure, Property
J. Prescott denies the city's motion to dismiss the appeal filed by the union, ruling that because the appeal concerns a municipal collective bargaining agreement, the lower court's order to vacate the initial arbitration award is a final, appealable order.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: March 15, 2024, Case #: AC46927, Categories: Arbitration, Civil Procedure, Labor / Unions
J. Cradle finds the lower court properly granted the city and its employee's motion for summary judgment on negligence claims brought by the mother of the child injured by a falling tree in a public park. All of the duties at issue in the case, including the inspection and flagging of the tree as a possible hazard, did not involve any discretion on the part of the employee, which entitled her and the city to governmental immunity. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: March 15, 2024, Case #: AC45807, Categories: Government, Immunity, Negligence
J. Elgo finds the lower court properly granted the school's motion for summary judgment on the preschool teaching assistant's wrongful termination claim. Although it is illegal under Connecticut law to fire a qualified medical marijuana user for drug use, the assistant did not inform the school of her status until after she reported to work high and was drug tested. Meanwhile, the assistant's disability discrimination claim was also properly dismissed because she acknowledged during an investigative interview with the school that its reaction to her drug use had nothing to do with her epilepsy, while the school also took multiple steps to accommodate her when she initially disclosed her disability. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: March 15, 2024, Case #: AC46091, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Moll finds the lower court properly dismissed the inmate's third habeas petition because his previous habeas attorney's failure to file an ineffective assistance claim against his trial counsel was not, in itself, ineffective assistance of counsel. The inmate claimed his trial attorney's performance was deficient on account of her failure to request a self-defense jury instruction, but because the victim was shot in the back as he attempted to flee and the inmate had no evidence to corroborate his claim he saw the victim reach for a gun, there was no evidence to support a self-defense instruction. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: March 15, 2024, Case #: AC45982, Categories: Habeas, Ineffective Assistance, Self Defense
J. Clark finds the lower court properly denied the debtor's motion to exclude certain accounts from the judgment obtained by the creditors. Although he claimed his mother was the sole owner of the accounts, he is listed as an owner on documentation provided by the banks and the funds were, therefore, subject to the judgment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 8, 2024, Case #: AC45956, Categories: Civil Procedure, Banking / Lending
J. Suarez finds the lower court properly granted the law firm's motion for summary judgment on legal malpractice claims brought by the former client. Her failure to obtain an expert witness to save money was deliberate conduct that violated the rules of discovery, while her claims of trauma from being forced to relive memories of her marriage did not amount to excusable neglect. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: March 8, 2024, Case #: AC45952, Categories: Civil Procedure, Experts, Legal Malpractice
J. Moll finds the customers' appeal of the lower court's grant of the construction company's motion to compel arbitration was mooted when they commenced arbitration proceedings because this court can no longer grant meaningful relief; therefore, the appeal is dismissed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: March 8, 2024, Case #: AC46298, Categories: Arbitration, Civil Procedure
J. Westbrook finds the lower court erroneously granted the property owner's motion for summary judgment on adverse possession claims brought by the neighbors. Genuine issues of material fact existed regarding whether the neighbors could establish the 15-year period of exclusive use necessary to prove their claims. The neighbors used the piece of land at issue exclusively for eight years, but because the previous owners had used it since 1961, they could prove all necessary elements of adverse possession if privity existed between the sets of owners. Therefore, the case must be remanded to allow the neighbors to provide proof there was an implied conveyance of the land when they acquired it. Reversed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: March 1, 2024, Case #: AC45508, Categories: Property, Real Estate
J. Clark finds the trial court lacked jurisdiction over the construction company's request for a prejudgment remedy because the application was based on vexatious litigation claims assigned by another company that fall under a category of tort claim that cannot be assigned from one party to another. Therefore, the judgment made by the lower court will be vacated and the case will be dismissed. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 1, 2024, Case #: AC45845, Categories: Civil Procedure, Tort
J. Seeley finds the lower court properly determined the log created by the town employee regarding allegations of misconduct against the former chief of police was a public document subject to disclosure following a Freedom of Information Act request. The conduct of the chief, which led to administrative leave and his eventual retirement, is undoubtedly a matter of public concern and was received by a public agency when the employee transferred it to the city manager. Additionally, even though the log was given to the town attorney to formulate a plan regarding the chief of police, it was created as a series of personal observations and not for seeking legal advice. Therefore, the lower court properly determined it was not protected by attorney-client privilege. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: March 1, 2024, Case #: AC45885, Categories: Government, Public Record, Privilege
J. Bright finds that while the lower court erroneously refused to consider the merits of the inmate's ineffective assistance claim contained in his petition for a writ of habeas corpus, its decision to deny the writ was nevertheless correct as the prosecution's failure to disclose a complete copy of notes taken by a detective did not prejudice the inmate or alter the outcome of the trial. Although a complete copy of the notes indicated a different number of girls on the premises the day the inmate assaulted the victim when compared to the victim's testimony, the discrepancy was unimportant and, furthermore, the inmate's attorney was able to achieve the desired impeachment result through cross-examination of the detective, regardless of the notes. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: March 1, 2024, Case #: AC45422, Categories: Habeas, Ineffective Assistance, Sex Offender
J. Sheldon finds the lower court properly granted the owners association's motion for summary judgment. The property owners failed to prove they had exclusive use of easements that abutted their shoreline properties. Although the deeds to the properties include limitations on the easements, the entity that transferred ownership to the owners association did not abandon all rights, while the property owners also failed to prove adverse possession. The vegetation on the strips of land was wild growth, not the type of maintained landscaping that would have allowed them to assert independent ownership. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Sheldon, Filed On: February 23, 2024, Case #: AC45974, Categories: Evidence, Property, Real Estate