Advance Release Opinions – January and February

As mentioned in my last post, I got behind with the advance released opinions in the latter half of January and all of February. This post catches me up on the Connecticut Appellate Court advance released opinions. I didn’t review the criminal or habeas decisions, one termination of parental rights decision, and one special immigrant juvenile status case.

Appellate Court

Accidental Failure of Suit

Megos v. Ranta – Officially released February 6. For accidental failure of suit purposes, plaintiff “commenced” the prior action against a non-resident driver when plaintiff served process on the Commissioner of Motor Vehicles under CGS § 52-62.

Administrative Appeal

Fagan v. Stamford – Officially released January 30. The Policemen’s Pension Trust Fund Board properly denied plaintiff’s request for an enhanced disability pension pursuant to the collective bargaining agreement between the city and the police association.

Arbitration

Toland v. Toland – Officially released February 27. Parties submitted their divorce action to arbitration. Appellate Court rejected plaintiff’s claim that arbitrator’s alimony award and property division were legal conclusions warranting a searching scope of review and confirmed the arbitrator’s findings under the limited scope of review for an arbitrator’s factual determinations. Appellate Court also rejected plaintiff’s claims that arbitrator was evidently partial; manifestly disregarded the law; and abused his discretion in awarding defendant attorney’s fees.

Choice of Law

Doctor’s Associates, Inc. v. Searl – Officially released February 6. Under the agreement containing the arbitration clause, Connecticut law governs the terms of the agreement, but federal law governs the procedures used to enforce the arbitration clause.

Civil Procedure

General Linen Service Company, Inc. v. Cedar Park Inn and Whirlpool Suites – Officially released February 6. Unless a statute mandates joinder of a particular party, failure to join that party does not implicate subject matter jurisdiction.

ASPIC, LLC v. Poitier – Officially released February 13. Trial court granted plaintiff’s application for a prejudgment remedy where defendant had asserted a breach of fiduciary duty defense. Appellate Court reversed, concluding that since there was no dispute that plaintiff owed defendant a fiduciary duty, plaintiff had the burden of establishing probable cause to believe not only that plaintiff would be successful on its underlying claims but that plaintiff engaged in fair dealing as to the matters on which its claims are based.

Alaimo v. Alaimo – Officially released February 20. Appellate Court affirmed judgment for defendant in this breach of contract action because plaintiff’s claims on appeal exceeded the scope of his complaint and, even if they didn’t, plaintiff failed to present an adequate record for appellate review.

Brady v. Bickford – Officially released February 27. Because defendant’s statements were absolutely privileged, trial court lacked subject matter jurisdiction over plaintiff’s defamation claim. For the same reason, there were no statements within the limitations period for plaintiff’s intentional infliction of emotional distress claim that could serve as the basis for a continuing course of conduct to obviate the time-bar. Reversed and remanded with instruction to render a dismissal.

ARC Capital, LLC v. Asia Pacific Limited – Officially released March 6. Trial court dismissed this action to enforce a foreign judgment for lack of subject matter jurisdiction, finding that it could be enforced, if at all, only through Chapter 15 of the federal Bankruptcy Act. Appellate Court reversed, concluding that “the present action does not fall within any of the limited situations … in which chapter 15 would apply.”

Damages for Breach of Contract

United Amusements and Vending Company v. Sabia – Officially released February 6. Trial court incorrectly calculated damages.

Dental Malpractice

Doyle v. Aspen Dental of Southern CT, PC – Officially released January 30. Appellate Court affirmed dismissal of dental malpractice action because the opinion letter plaintiff attached to the complaint was from a general dentist, not an oral and maxillofacial surgeon, like defendant. It did not matter that there was no authentic public record showing that defendant had training as an oral and maxillofacial surgeon.

Family Law

Kimberly C v. Anthony C – Officially released February 27. Prior proceeding relating to plaintiff’s application for a restraining order did not collaterally estop defendant in dissolution proceeding because court could not say relevant issue was necessarily determined in prior proceeding.

Dinunzio v. Dinunzio – Officially released March 6. Reversed and remanded for a new trial because trial court should have treated defendant’s pension, which he had already started receiving when plaintiff commenced the action, as both a source of income and as property subject to equitable distribution.

Foreclosure

US Bank National Association v. Christophersen – Officially released January 30. The only significant thing here is that CGS § 49-15 does not preclude the trial court from converting a judgment of strict foreclosure rendered before a bankruptcy to a foreclosure by sale after discharge.

Stratek Plastics, Limited v. Ibar – Officially released February 20. Appellate Court affirmed trial court’s award of attorney’s fees to plaintiff in this action to foreclose a judgment lien. In rejecting defendant’s claims, Appellate Court concluded that the trial court had conducted a hearing on attorney’s fees as required by CGS § 52-249; and defendant waived any right to require plaintiff to present a statement of fees requested and description of services rendered.

Cliff’s Auto Body, Inc. v. Grenier – Officially released February 27. Trial court lacked subject matter jurisdiction to foreclose a judgment lien because the judgment on which the lien was based was not a final judgment.

Land Use

Lane v. Cashman – Officially released January 30. Property owners failed to exhaust administrative remedies regarding their claim of permitted nonconforming use by failing to appeal the order to discontinue the zoning board of appeals.

Personal Guaranty

Valley National Bank v. Private Transerve, LLC – Officially released January 30. Per curiam decision rejecting guarantor’s claims that plaintiff lacked standing to prosecute underlying foreclosures, trial court improperly granted plaintiff permission to amend complaint, and trial court made improper evidentiary rulings at hearing in damages.

Personal Injury

Rutter v. Janis – Officially released March 6. Under CGS § 14-60, car dealer can loan a license plate to an insured car buyer for thirty days without incurring financial responsibility for any car accident. The thirty day period begins the day after the day the loan is actually made. Said another way, the day loan is made is not included in calculating the thirty-day period. Calculated this way, accident occurred within thirty days of loan. Since dealer complied with all other statutory requirements, trial court properly granted dealer’s summary judgment motion.

Right to Privacy

Davidson v. Bridgeport – Officially released March 6. Police department did not violate officer’s right to privacy by ordering him to submit to a psychiatric exam because the exam was reasonable to department’s evaluation of officer’s fitness for duty and a reasonable person would not have been offended by submitting to the exam. As to officer’s emotional distress claims, requiring him to have the exam did not create an unreasonable risk of emotional distress that resulted in illness or bodily harm.

Worker’s Compensation

Frantzen v. Davenport Electric – Officially released February 27. Commission has subject matter jurisdiction to resolve disputes about attorney’s fees between attorneys who serially represented the same claimant and there is no right to a jury trial for such claims.