18 results for 'judge:"Suarez"'.
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. 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. 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
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
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J. Suarez finds the trial court erroneously relied on its own opinion that a dutiful son would allow his father to use his identity to obtain financing for a residential lease and held the son liable for unpaid rent and fees. Such an analysis disregarded the testimony of the son, who claimed he never gave his father permission to put his name on the lease and had no knowledge of the apartment. Although the court claimed it found the son credible, its decision to hold him liable is contrary to that conclusion and was impermissibly based on personal feelings. Reversed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: January 19, 2024, Case #: AC45072, Categories: Judiciary, Landlord Tenant
J. Suarez finds the lower court properly upheld the commissioner's decision to convert the injured employee's disability benefit from temporary to permanent once she reached maximum medical improvement. The Connecticut legislature removed the commissioner's authority to continue temporary benefits in such a scenario when it amended the state's workers' compensation laws in 1993. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: January 5, 2024, Case #: AC45594, Categories: Government, Workers' Compensation
J. Suarez finds the trial court erroneously removed the father's responsibility to pay for extracurricular activities of the children. Although he requested a modification of the couple's child support arrangement, he never suggested his contribution be reduced to zero, an option that was outside the scope of the court's authority. Reversed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: December 21, 2023, Case #: AC45592, Categories: Family Law
J. Suarez finds the lower court properly held Alex Jones in contempt of court for his failure to appear for a deposition in a lawsuit filed by victims of the Sandy Hook shooting. Although he provided letters from physicians that he was too ill to attend, his broadcast of a radio program from his studio on the same day cast significant doubt on that excuse and allowed the court to conclude his absence was willful. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: December 15, 2023, Case #: AC45401, Categories: Contempt, Sanctions
J. Suarez finds the mother's arrest on several felony charges, along with her failure to report incidents of domestic violence involving her boyfriend, gave the lower court a legitimate reason to terminate her parental rights, especially considering she failed to complete other aspects of her case plan, including drug rehabilitation services. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: November 6, 2023, Case #: AC46330, Categories: Evidence, Family Law
J. Suarez finds the lower court properly dismissed the property owner's appeals of the zoning commissions decisions to approve a subdivision development and several wetlands management areas. All environmental impacts were properly assessed by the commission and the proposed right-of-way meets zoning requirements. Although the 50-foot wide right-of-way will include some wetlands, the road is not intended for traffic and, therefore, complies with environmental regulations, while evidence from several consultants was sufficient for the developer to prove minimal impact on the environment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: October 27, 2023, Case #: AC45082, Categories: Environment, Property, Zoning
J. Suarez finds the lower court properly terminated a mother's parental rights. Testimony from two psychologists about the mother's vulnerability to stress and her continued use of alcohol, which put her at a higher risk of relapse into use of harder substances, was sufficient for the lower court to conclude she had not reached a point of rehabilitation to be able to care for her child. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: September 29, 2023, Case #: AC46142, Categories: Evidence, Family Law
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. 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. 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. Suarez finds the trial court properly denied the borrowers' motion for reconsideration because their argument regarding the amount owed on the foreclosed mortgage was not made in either of the bank's initial motions for summary judgment, but was only made after judgments had been entered against them. Therefore, the alleged discrepancy in the loan amount did not constitute a "rare and exceptional circumstance" that would require the judgment to be vacated. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: July 28, 2023, Case #: AC45473, Categories: Civil Procedure, Real Estate, Banking / Lending
J. Suarez finds the lower court did not violate the father's due process rights when it granted the mother's motion for a modification of custody and named her the sole custodial parent of the parties' children. The couple's divorce qualifies as a change in circumstances that allowed for custody changes. Additionally, the father was allowed visitation on a weekly basis and could eventually reunify with the children if he followed certain procedures, all of which rendered the court's decision a modification, not an elimination, of his parental rights. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: June 23, 2023, Case #: AC44326, Categories: Family Law, Due Process