224 results for 'court:"Connecticut Court Of Appeals"'.
J. Cradle finds the Commissioner of Motor Vehicles properly found the towing company levied excessive charges against a customer and ordered it to pay restitution. It not only failed to abide by statutory hourly rates for emergency recovery services, but did not provide any explanation for certain charges and failed to keep adequate records. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 10, 2024, Case #: AC45605, Categories: Administrative Law, Evidence, Vehicle
J. Elgo finds the trial court properly granted the husband's motion for summary judgment on fraud and unjust enrichment claims. The wife's admission she knew her two children were not the husband's biological children was sufficient to prove the transfer of more than $187 million from the husband was coerced under false pretenses. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: May 10, 2024, Case #: AC45745, Categories: Evidence, Family Law, Fraud
J. Sheldon finds the trial court properly denied the borrower's motion to file counterclaims against the lender. At the time she filed them, the foreclosure action had been pending for more than two years and the addition of counterclaims would have prejudiced the lender and caused an undue delay in the case. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Sheldon, Filed On: May 10, 2024, Case #: AC46046, Categories: Civil Procedure, Banking / Lending
J. Bright finds the trial court properly denied the borrower's motion to dismiss on the special defense of unclean hands. Other than a self-serving affidavit, there was no evidence in the record to indicate the lender engaged in willful misconduct when it denied several loan modification applications. However, because the borrower's estoppel claim included factual evidence to dispute the amount of interest and other fees that accrued on the mortgage, the lower court erroneously relied solely on the lender's affidavit to determine the amount owed by the borrower, and the case must be remanded for a proper calculation. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: May 10, 2024, Case #: AC46506, Categories: Civil Procedure, Evidence, Banking / Lending
J. Harper finds the lower court properly terminated the mother's parental rights. She not only continued to have contact with the children's abusive father, who stabbed her in front of the children, but also failed to complete required counseling sessions and lacked a clear understanding of the children's emotional needs, as evidenced by her allowing one to play violent video games that involved knives. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Harper, Filed On: May 9, 2024, Case #: AC46612, Categories: Evidence, Family Law
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Per curiam, the court of appeals finds the change in calculation of time served credits earned by inmates did not violate the inmate's constitutional rights under the ex post facto clause. The alteration was not a law, but was actually an administrative directive that does not implicate the constitution. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Per curiam, Filed On: May 3, 2024, Case #: AC46226, Categories: Ex Post Facto, Habeas, Sentencing
J. Cradle finds the trial court did not violate the inmate's due process rights when it denied his motion for a continuance during his habeas trial. Although a crucial witness failed to appear, the inmate was able to present numerous exhibits and call other witnesses throughout the three day trial. Additionally, the absent witness had been served with multiple subpoenas and the trial court issued a capias in an attempt to force his appearance, and so there was no legitimate reason for a further delay. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 3, 2024, Case #: AC46237, Categories: Criminal Procedure, Habeas, Due Process
J. Bright finds that while the attorney's failure to present evidence of the inmate's mental health issues at a hearing to determine whether good cause existed for the untimely filing of his habeas corpus petition may have constituted ineffective assistance of counsel, the inmate's failure to provide any evidence regarding the claim required dismissal of his appeal to this court.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: May 3, 2024, Case #: AC43187, Categories: Evidence, Habeas, Ineffective Assistance
J. Clark finds the lower court properly granted the adopted descendants' motion for summary judgment on claims filed by the blood relative of the trust's founder. Although one of the descendants had been adopted as an adult, the original trust decree was not a distribution of assets that would have precluded payments to adopted children. Additionally, although the will and trust were executed prior to a 1991 Connecticut law amendment that presumptively included adopted children as beneficiaries, there is no language in the will that indicates the decedent intended to exclude any adopted children or grandchildren. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: May 3, 2024, Case #: AC46257, Categories: Civil Procedure, Family Law, Wills / Probate
J. Alvord finds the lower court properly dismissed the inmate's second habeas petition despite expert testimony that rebutted the state's conclusion the shooting victim died of a contact wound. Not only did the expert's testimony merely cast doubt on whether the victim had a gun pressed against his skin at the time of the shooting, but there was other, overwhelming evidence to convict the inmate, who failed to show any prejudice. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: May 3, 2024, Case #: AC46270, Categories: Habeas, Ineffective Assistance, Experts
J. Suarez finds the failure by the mother's attorney to object to family services' amendment request immediately before the close of the trial concerning her parental rights did not constitute ineffective assistance. Such requests are allowable under the governing procedural guidelines and, in any case, the subject of the amendment request - the mother's failure to comply with a rehabilitation plan - had been fully briefed and discussed during the trial. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: May 2, 2024, Case #: AC46641, Categories: Civil Procedure, Evidence, Family Law
J. Suarez finds sufficient evidence supported the lower court's decision in favor of the business owner on her emotional distress claims against the neighbor who photographed and tracked her movements after he suspected she was running a transportation business without a license, including the owner's testimony the neighbor conducted surveillance for more than two years before he submitted a complaint to the city's zoning committee. Additionally, testimony the owner complained to police at least 15 times and her raising her middle finger towards the neighbor's cameras on several occasions alerted the neighbor it was likely his actions would cause emotional distress and satisfied all elements of the claims. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: April 26, 2024, Case #: AC45775, Categories: Evidence, Emotional Distress, Privacy
J. Prescott grants the majority owner's motion to dismiss the appeal filed by the minority owners, ruling his motion to confirm an arbitration award was not stayed upon the filing of this appeal.That motion was separate from the underlying civil complaint and did not seek to "enforce or carry out a judgment," as required under the rules of civil procedure.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: April 26, 2024, Case #: AC56348, Categories: Arbitration, Civil Procedure, Fiduciary Duty
[Consolidated.] J. Moll finds the lower court erroneously sustained the adjacent property owner's appeal of the township's approval of a subdivision redevelopment without an environmental impact assessment. The relevant zoning procedures require only a developer submit a request for such an assessment, not that one be completed. The assessment company failed to complete the assessment as it was developing new procedures, and because the zoning laws allow the zoning commission to act without a submitted assessment, it was not improper to approve the redevelopment project. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: April 26, 2024, Case #: AC46146, Categories: Environment, Property, Zoning
J. Elgo finds that while the Connecticut Supreme Court's decision in a prior case changed the implications of due process claims regarding in-court identifications, the lower court properly dismissed the inmate's habeas claim for ineffective assistance because the prior ruling did not apply retroactively and, therefore, his attorney could not raise the issue on appeal. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: April 26, 2024, Case #: AC46059, Categories: Habeas, Due Process, Identification
J. Westbrook finds the lower court erroneously denied a portion of the hospital's motion to dismiss because claims made in relation to its disclosure of the patient's private medical records at his trial on a drunk driving charge were covered by litigation privilege. However, the lower court properly denied the motion to dismiss in relation to claims brought for information disclosed to the prosecution prior to trial. The hospital failed to provide any evidence to dispute the patient's claim that information in excess of that compelled through a subpoena was disclosed. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: April 26, 2024, Case #: AC46339, Categories: Evidence, Privacy, Privilege
J. Moll finds the lower court improperly denied the bank's motion to open a previous judgment granted in favor of the condominium owners association. It improperly calculated the expenses that could be recovered by the owners association in connection with its priority lien on the foreclosed property. The relevant statute allows a priority lienholder to collect only the assessments and fees connected with the property, not any expenses incurred with remediation of the property; therefore, the case is remanded for a recalculation of expenses owed by the lender. Reversed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: April 19, 2024, Case #: AC45904, Categories: Real Estate, Damages, Banking / Lending
J. Cradle finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus based on ineffective assistance of counsel. His attorney's decision not to call an identification evidence expert witness at trial was sound strategy based on the unreliability of such evidence, which likely would have been ruled inadmissible by the trial court. Additionally, while the attorney should have interviewed the alibi witness's children, who were also present when she allegedly dropped the inmate off at the scene of the crime, their potential testimony would have been cumulative and would not have changed the outcome of the trial because they were not present at the time of the shooting. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 19, 2024, Case #: AC45569, Categories: Habeas, Ineffective Assistance, Robbery
J. Bright finds the lower court properly denied defendant's motion to prevent dissemination of his status as a sex offender. Although he was found not guilty of sexual assault by reason of mental defect, his confinement in a psychiatric hospital is considered "jail or prison time" under the relevant statute, which renders him ineligible for relief. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: April 19, 2024, Case #: AC46150, Categories: Sentencing, Sex Offender
J. Suarez finds the lower court properly terminated the mother's parental rights. Although she loved and had a bond with her child, she refused to engage in mental health services or therapy to remedy issues that caused the initial removal and disrupted visits by being rude and demeaning to family services employees. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: April 18, 2024, Case #: AC46639, Categories: Evidence, Family Law
J. Seely finds the trial court improperly denied post sentencing motions for a defendant charged with burglary when he challenged his sentence on the grounds of double jeopardy. The state argues the trial court no longer had jurisdiction to consider a post-sentencing request. The trial court does not have jurisdiction because the case had begun, and the defendant failed to file his post-sentencing motion within the time period allowed to rule on the motions. This case is remanded for further proceedings to dismiss the motions. Reversed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: April 15, 2024, Case #: AC46463, Categories: Burglary, Sentencing, Jurisdiction
J. Seeley finds the trial court properly granted the city’s motion to dismiss for lack of subject matter jurisdiction in this personal injury dispute brought by a driver after she was injured and her vehicle was damaged on a defective roadway. The driver alleges the city was aware of the condition and failed to repair it because she had reported a defective water main hole cover to the police and the public works department. She failed to state a cause of injury in her notice. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: April 15, 2024, Case #: AC46460, Categories: Government, Vehicle, Negligence
J. Cradle finds the trial court properly awarded judgment in favor of a vehicle dealership for claims of breach of contract, fraud and Connecticut Unfair Trade Practices Act violations brought by a property management company and its managing member and a family member. The managing member and family friend fails to establish a burden of proof for all claims, failed to cite any case law or make an argument for an amendment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 15, 2024, Case #: AC45867, Categories: Civil Procedure, Fraud, Contract
J. Pellegringo finds that the district court properly granted the insurers summary judgment without posting a bond in this lawsuit. The insurers allege breach of contract and violation of the Connecticut Unauthorized Insurers Act, but failed to show any genuine issue of material fact. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Pellegrino, Filed On: April 15, 2024, Case #: AC45222, Categories: Insurance, Contract
J. Bright finds the trial court erred in its discretion declining to award child support and awarding attorney fees in this dissolution-of-marriage case between a husband and wife. The husband argues he consistently requested child support, and the attorney fees were not properly awarded for contempt. The parties’ financial orders are to be remanded for a new trial concerning all financial issues and to determine the contempt sanctions. Affirmed in part. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: April 15, 2024, Case #: AC45857, Categories: Family Law, Sanctions, Settlements
J. Westbrook finds the trial court properly granted motions to dismiss against two law firms and their attorneys in this real estate dispute brought by a Vermont property seller. The seller argues one of the law firms solicit on the website with ‘‘Attention: out of state sellers.’’ She never has entered into the state of Connecticut, so the court lacks jurisdiction. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: April 15, 2024, Case #: AC45631, Categories: Real Estate, Jurisdiction, Contract