224 results for 'court:"Connecticut Court Of Appeals"'.
J. Seeley finds the lower court properly dismissed the inmate's habeas petition. The possibility of undermining the defense's strategy of proving several witnesses intentionally misidentified the inmate as the shooter gave his attorney a legitimate reason not to call a witness who was allegedly willing to testify she saw "two masked men" commit the murder instead of the inmate. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: September 8, 2023, Case #: AC45841, Categories: Habeas, Ineffective Assistance, Murder
J. Moll finds the trial court properly granted the seller's motion for summary judgment on the buyer's counterclaim for breach of contract. The asset purchase agreement between the parties clearly removed any liability from the seller regarding unemployment tax assessments, whether they were made before or after the buyer became successor owner of the business. However, the trial court erroneously admitted several checks mailed by the buyer after it was sued because the memo line on one check, which read "CCICW Settlement," was clearly an attempt by the buyer to settle the dispute and, therefore, could not be used as proof the seller failed to mitigate its damages. Therefore, the case will be remanded to determine the amount of interest owed to the seller. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: August 31, 2023, Case #: AC44975, Categories: Tax, Damages, Contract
J. Elgo finds the trial court properly denied the borrowers' motion to dismiss on the grounds the lender failed to comply with notice requirements. Although the borrowers made their argument before the original trial court in 2015, they failed to raise the issue on appeal and, therefore, it was abandoned. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: August 31, 2023, Case #: AC45109, Categories: Civil Procedure, Banking / Lending
J. Clark finds the lower court properly denied the solar panel installation company's motion to vacate the arbitration award in favor of the developer. The company failed to provide the court with either a copy of the liquidated damages provision it claimed was unenforceable or a copy of the arbitration transcripts that would have revealed any abuse of discretion on the part of the arbitrator. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: August 25, 2023, Case #: AC45274, Categories: Arbitration, Construction, Evidence
J. Elgo finds the trial court properly denied the borrower's motion to inspect the mortgage note during the foreclosure trial. He not only had the opportunity to inspect it prior to trial, where it had been deemed authentic, but he also failed to retain an expert witness he claimed could have created a question of fact as to whether the note had been doctored. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: August 25, 2023, Case #: AC45036, Categories: Experts, Discovery, Banking / Lending
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Suarez finds the trial court properly granted the developer's motion for summary judgment based on evidence the housing lots were not subject to a common development plan to restrict construction of multifamily housing and had not been transferred to the current owners by a "common grantor." The original owner and subdivider of the land in question did not include any type of restrictive covenant on future developments and, therefore, the owners of single-family homes in the development cannot stop construction of a multifamily home that meets all zoning requirements. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: August 25, 2023, Case #: AC45645, Categories: Property, Real Estate, Zoning
J. Clark finds the trial court properly terminated the mother's parental rights to all four of her children. Although she worked to address many of the issues that led to their initial removal, she failed to obtain independent housing and continued to live with the children's father, who had untreated mental illnesses and had been convicted of domestic violence in the past. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: August 23, 2023, Case #: AC46140, Categories: Evidence, Family Law
J. Elgo finds the lower court properly granted the board of education's motion to strike all allegations in the student's complaint on the grounds of governmental immunity. There was insufficient evidence in the record to indicate school officials should have known that leaving the student unsupervised for a short period of time would expose her to imminent harm at the hands of another student. Although the student was an identifiable victim, she and the student who assaulted her were released from a teacher's class at separate times before they ended up in another room unsupervised, which is insufficient to allow the application of the imminent harm exception to governmental immunity. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: August 18, 2023, Case #: AC45354, Categories: Education, Immunity, Negligence
[Consolidated.] J. Bright finds the trial court properly granted the insurer's motion for summary judgment on indemnification claims filed against the principal owners of a construction company. Although the insurer could have attempted to dismiss a lawsuit filed in New York by one of the subcontractors on the hotel project, it was not unreasonable to settle that suit and seek indemnification under the parties' surety agreement. Therefore, because the insurer provided evidence of losses, costs and expenses incurred in connection with the bonds used to finance the construction project, it was entitled to judgment on the indemnification claims. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: August 18, 2023, Case #: AC44836, Categories: Construction, Indemnification, Contract
J. Moll finds the trial court properly denied the former partner's motion to dismiss a conversion action on statute of limitations grounds. Although more than three years passed between the initial suit filed by the company owner and the present dispute, the savings statute applied because the initial suit was brought by the company on behalf of the owner, a third party. However, the court erroneously calculated damages, as the owner was already awarded more than $8,000 for the partners' unauthorized withdrawal of $17,000 from the company checking account, which limited the damages available to the owner to $7,000, as all of the claims were related to the same occurrence. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: August 18, 2023, Case #: AC45318, Categories: Damages, Conversion, Contract
J. Bright finds the lower court improperly denied the inmate's request for certification to appeal because the statement from the victim withheld by police prior to the inmate's trial on sexual assault and unlawful restraint was material to his defense and provided him with a viable habeas claim. Therefore, the petition for a writ of habeas corpus will be granted, the inmate's conviction for unlawful restraint will be vacated, and the case will be remanded for a new trial. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: August 18, 2023, Case #: AC45442, Categories: Evidence, Habeas, Sex Offender
J. Seeley finds the wife's failure to raise her due process claim, which stemmed from the court's decision to grant the husband custody of the parties' children, before the trial court renders that argument abandoned. Meanwhile, the trial court properly denied her motion for a continuance because she had several months to prepare for the custody hearing but chose not to complete a psychological evaluation or submit a financial affidavit with the court, both of which could have had a substantial impact on the outcome of the case. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: August 18, 2023, Case #: AC45100, Categories: Civil Procedure, Evidence, Family Law
J. Suarez finds the trial court improperly placed the burden of proof on children and family services when it granted the father's motion to transfer legal guardianship of the child from the state to his mother in New York. Although an investigation in that state concluded she was a suitable parent, the father failed to provide any proof it was in the child's best interest to be moved to New York; therefore, the case will be remanded to allow for a new hearing. Reversed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: August 16, 2023, Case #: AC45864, Categories: Evidence, Family Law
J. Harper finds, based on the Connecticut Supreme Court's ruling in Carpenter v. Daar, the trial court erroneously granted the medical providers' motion to dismiss a medical malpractice claim based on an allegedly insufficient opinion from a similar health care provider. The opinion requirement is not jurisdictional and, therefore, the estate should have been given the opportunity to amend its filings, regardless of the expiration of the statute of limitations. Reversed.
Court: Connecticut Court Of Appeals, Judge: Harper, Filed On: August 11, 2023, Case #: AC44757, Categories: Civil Procedure, Experts, Medical Malpractice
J. Cradle finds the trial court properly granted the state's motion for a standing criminal protective order nine years after defendant was sentenced for inappropriate sexual contact with a child victim. The order did not alter the trial court's original judgment or sentence, and was a reasonable measure taken to ensure the safety of the victim upon the expiration of defendant's probation. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: August 11, 2023, Case #: AC45281, Categories: Sex Offender, Restraining Order
J. Suarez finds the lower court properly calculated child support payments because there was credible testimony the husband's stated weekly income of $600 was fabricated, considering he has a successful legal practice and owns numerous rental properties, and so the court was entitled to deviate from the guidelines and impose a $70 per week payment from the husband. Meanwhile, the division of marital assets was equitable, as the husband was awarded all properties owned prior to the marriage, as well as a lump sum of $342,000 withdrawn during the case. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: August 11, 2023, Case #: AC45268, Categories: Evidence, Family Law
J. Clark finds the trial court properly admitted financial documents from a previous servicer of the mortgage loan and the current servicer was not required to lay a foundation concerning preparation of the data in the documents, which properly authenticated ownership of the loan and allowed for a judgment of strict foreclosure. Meanwhile, the bad faith special defense filed by the borrower was properly stricken from the record. Although mediation attempts between the parties failed during prior litigation, there was no evidence of bad faith or willful misconduct. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: August 11, 2023, Case #: AC45332, Categories: Evidence, Banking / Lending
J. Moll finds the husband's argument the trial court improperly amended the divorce petition to include "intolerable cruelty" as the grounds for the couple's dissolution is meritless because no such amendment was made; rather, the court amended the petition to reflect that the breakdown of the marriage was solely the husband's fault, based on the wife's credibly testimony of abuse. Meanwhile, the award of $425 in weekly alimony payments to the wife was not an abuse of discretion because the amount was based on testimony from both parties that, in addition to his pension and disability benefits, the husband earned at least $90 per week for chainsaw and gun repair work. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: August 11, 2023, Case #: AC45226, Categories: Evidence, Family Law, Damages
J. Cradle finds the trial court improperly dismissed the first count of the inmate's habeas petition without notice. The Connecticut Supreme Court's decisions in Brown v. Commissioner of Correction and Boria v. Commissioner of Correction require a habeas court to allow a petition to file a brief in support of a claim before it can be dismissed. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: August 11, 2023, Case #: AC44188, Categories: Criminal Procedure, Habeas
[Consolidated.] J. Cradle finds the trial court exceeded its statutory authority when it ordered family services to stop reunification efforts between the father and his child. Although secondhand smoke in his apartment could exacerbate the child's medical condition, that does not qualify as a condition under Connecticut law that would require termination of reunification efforts. Reversed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: August 10, 2023, Case #: AC46293, Categories: Family Law
J. Elgo finds that the disciplinary counsel's claim regarding a suspended attorney's ability to meet with clients while employed by a supervising attorney was mooted when the supervising attorneys terminated their relationships with the suspended attorney; therefore, the appeal of the disciplinary counsel must be dismissed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: August 4, 2023, Case #: AC44763, Categories: Civil Procedure, Attorney Discipline
J. Vertefeuille finds that the lower court properly granted the Better Business Bureau's motion for summary judgment on defamation claims brought by the used car dealership because the dealership failed to identify which specific statements in the bureau's rating were defamatory, while the letter grade assigned to the business was properly determined by the court to be an expression of opinion, rather than fact. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Vertefeuille, Filed On: August 4, 2023, Case #: AC45180, Categories: Evidence, Defamation
J. Prescott finds that the lower court properly determined there was probable cause for the police officers to arrest the petitioner on a charge of drunk driving because he not only had slurred speech and bloodshot eyes, but also had to be helped out of his vehicle - which was stuck on a retaining wall at his home - before he failed several field sobriety tests; therefore, the Department of Motor Vehicles properly suspended his license. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: August 4, 2023, Case #: AC45598, Categories: Dui, Vehicle, Public Intoxication
J. Alvord finds that the workers' compensation board improperly upheld the commissioner's award of disability benefits to the Department of Transportation employee because although there was no question about the nature of his injury, the employee chose to voluntarily retire and had no intention of returning to the workforce; therefore, the injury did not "result in his total incapacity to work," as required under the statute. Reversed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: August 4, 2023, Case #: AC45531, Categories: Government, Workers' Compensation
J. Alvord finds that the Workers' Compensation board improperly upheld the commissioner's award of disability benefits to the police officer because although his stroke was a compensable injury, at the time he suffered the injury, he had already retired and had no intention of returning to the workforce; therefore, the injury to did not prevent him from working and he is not entitled to benefits. Reversed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: August 4, 2023, Case #: AC45229, Categories: Government, Workers' Compensation
J. Moll finds that the lower court properly granted the attorney's motion for summary judgment on vexatious litigation claims and properly refused to apply issue preclusion because a judgment rendered in favor of the wife during foreclosure proceedings with her husband was voided by a bankruptcy stay and, therefore, did not require a decision in the wife's favor. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: August 4, 2023, Case #: AC45296, Categories: Bankruptcy, Civil Procedure, Banking / Lending
Per curiam, the court of appeals denies the chief disciplinary counsel's motion to dismiss for improper joinder because its participation in and prosecution of the disciplinary hearings below render it a proper party to this action. Meanwhile, because attorney Norman Pattis failed to timely serve the trial court judge who suspended him from the practice of law for six months, her motion to dismiss is granted.
Court: Connecticut Court Of Appeals, Judge: Per curiam, Filed On: July 28, 2023, Case #: AC46194, Categories: Civil Procedure, Judiciary, Attorney Discipline
J. Seeley finds the lower court erroneously determined the issue of arbitrability on its own in a slip and fall case. While there may have been ambiguity in the parties' arbitration agreement as to whether normal negligence claims, such as the park patron's slip and fall lawsuit, were arbitrable, the agreement expressly left the issue of arbitrability up to the arbitrator. Reversed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: July 28, 2023, Case #: AC45127, Categories: Arbitration, Negligence
C.J. Bright finds the trial court erroneously granted the insurer's motion for summary judgment on the injured driver's uninsured motorist claim. Regardless of whether she or her employer rented the vehicle involved in the collision, she was driving a covered vehicle at the time of the accident and was entitled to recover the benefits awarded to the employer. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: July 28, 2023, Case #: AC45054, Categories: Insurance, Vehicle, Contract