LAVINE, J. The plaintiff, Eloise Marinos, individually and as administratrix of the estate of Steven F. Meo (Meo), 1 appeals from the judgment of the trial court rendered following the granting of the motions for summary judgment in favor of the defendants, David M. Poirot and Gordon S. Johnson, Jr. On appeal, the plaintiff claims that the trial court improperly granted the motions for summary judgment on the (1) breach of the duty of loyalty counts, (2) conversion and civil theft counts, (3)...
PER CURIAM. The plaintiff, NSS Restaurant Services, Inc., appeals from the judgment of the trial court rendered in favor of the defendants West Main Pizza of Plainville, LLC (West Main Pizza), and Agnes Kaleodis. 1 On appeal, the plaintiff claims that the court improperly found that an inter-creditor agreement (agreement) between the parties was not supported by consideration. We disagree and, accordingly, affirm the judgment of the trial court. The court found the following facts. Kaleodis,...
SCHALLER, J. The plaintiff Charlotte Stacey 1 appeals from the judgment of the trial court rendered in favor of the defendants, Iris Wertheim, a gynecologic oncologist and surgeon, and Iris Wertheim, MD, LLC, 2 following the granting of a motion to strike counts six and eight of the third amended complaint. The plaintiff claims that the trial court erred in concluding that the allegations regarding her relationship with Margaret A. Mueller, her same sex domestic partner, were insufficient to...
ROBINSON, J. The plaintiff, the state of Connecticut, appeals from the judgment of the trial court in favor of the defendant, Miscellaneous Fireworks (B.J. Alan Company). On appeal, the plaintiff contends that the court erred in (1) requiring that the plaintiff bear the burden of proof 1 and (2) determining that the five gram chlorate and perchlorate limits established in General Statutes 29-357 applies to each fountain in a multi-fountain pyrotechnic device. In response, the defendant...
PETERS, J. These consolidated appeals arise out of a judgment appointing the commissioner of the department of children and families to be the statutory parent of a child with multiple severe disabilities. As in similar cases; see, e.g., In re Christina M., 90 Conn.App. 565 , 566-67, 877 A.2d 941 (2005), aff'd, 280 Conn. 474 , 908 A.2d 1073 (2006); the issue is not the deep and abiding love of the family members for the child, but whether they have the capacity to provide for her...
ROBINSON, J. The defendant, Jacqueline Oldani, appeals from the judgment of the trial court dissolving her marriage to the plaintiff, Peter Oldani. The plaintiff cross appeals from the judgment of dissolution and from the court's subsequent decisions granting a motion for contempt filed by the defendant and denying the plaintiff's motion for modification of child support. On appeal, the defendant claims that the court erred (1) in determining that the parties' prenuptial agreement was...
BISHOP, J. The plaintiffs, Lisa Noel and Jessica Wildowsky, appeal from the trial court's judgment awarding attorney's fees in their favor. On appeal, the plaintiffs challenge the amount of the court's award, claiming that the court improperly relied solely on the contingency provisions of their fee agreements in calculating the award. We agree and, accordingly, reverse the judgment of the trial court. On December 7, 2009, the plaintiffs filed a third amended complaint against the defendants,...
BEACH, J. The plaintiff, Rosanne Lucisano, appeals from the judgment of the trial court granting the motion filed by the defendants, Richard J. Bisson, Jeffrey J. Bisson and Cheshire Dental Associates, P.C., to dismiss her action alleging dental malpractice, failure to obtain informed consent to a surgical procedure and vicarious liability. On appeal, the plaintiff claims that the trial court erred by (1) determining that General Statutes 52-190a requires that a similar health care...
BEAR, J. The defendant, Justin M. Pacelli, appeals from the judgment of the trial court denying his motion for return of seized property. The defendant claims that the court deprived him of his rights under the state and federal constitutions in arbitrarily refusing to return his property to him. Because the defendant did not preserve his constitutional claims at trial or in his main brief affirmatively assert his entitlement to appellate review pursuant to State v. Golding, 213 Conn. 233 ,...
PETERS, J. Because service of process implicates a court's personal jurisdiction, "an action commenced by ... improper service must be dismissed." (Internal quotation marks omitted.) Jimenez v. DeRosa, 109 Conn.App. 332 , 338, 951 A.2d 632 (2008). The dispositive issue in this case is whether, in two postjudgment contempt actions brought against a plaintiff who no longer resides in this country, the defendant properly served the plaintiff by mailing copies of the pleadings to the...
DiPENTIMA, C.J. The respondent mother appeals from the judgment of the trial court committing her minor child Ja-lyn R. to the custody of the petitioner, the commissioner of the department of children and families (commissioner). 1 On appeal, the respondent claims that the court (1) had insufficient evidence to support a determination of neglect and (2) improperly concluded that it was in the best interest of Ja-lyn to commit him to the custody of the commissioner. 2 We affirm the judgment...
PER CURIAM. The plaintiff, Apple Salon, appeals from the judgment of the trial court dismissing its appeal from the decision of the defendant commissioner of public health upholding a cease and desist order issued by the defendant department of health and social services of the city of Stamford. On appeal, the plaintiff claims that the court improperly dismissed its appeal by finding that the administrative hearing officer's factual findings were supported by substantial evidence. The...
GRUENDEL, J. The plaintiffs, Hayes Family Limited Partnership, Richard P. Hayes, Jr., and Manchester/Hebron Avenue, LLC, appeal from the judgment of the trial court granting the motion to dismiss their complaint for lack of subject matter jurisdiction filed by the defendant, the town of Glastonbury. On appeal, the plaintiffs assert that the court improperly granted the motion to dismiss. The plaintiffs argue, in the alternative, that the court was required to hold an evidentiary hearing before...
LAVINE, J. The issue in this case is whether an oral agreement placed on the record in open court that concludes the dispute between the parties must comply with the statute of frauds, General Statutes 52-550(a). Our appellate courts have noted that an agreement that settles the dispute between parties and is placed on the record in open court is enforceable although the agreement has not been reduced to a writing signed by the parties. See Sparaco v. Tenney, 175 Conn. 436 , 437, 399 A.2d...
ESPINOSA, J. The respondent father appeals from the judgment of the trial court terminating his parental rights with respect to his minor child, Kamora, for failure to achieve a sufficient degree of personal rehabilitation under General Statutes 17a-112 (j)(3)(B)(ii). 1 The respondent claims that the court improperly terminated his parental rights on the basis of evidence that was insufficient as a matter of law to establish a failure to rehabilitate. We affirm the judgment of the trial...
GRUENDEL, J. The defendant, Martyn D. Bruno, appeals from the judgment of the trial court denying his motion for a new trial filed pursuant to Practice Book 42-53 and 42-54. He claims that the court improperly concluded that it lacked jurisdiction to consider the merits of that motion. We affirm the judgment of the trial court. The facts underlying the defendant's criminal conviction are set forth at length in State v. Bruno, 236 Conn. 514 , 673 A.2d 1117 (1996). As the sentence review...
ROBINSON, J. The plaintiff, Blumberg Associates Worldwide, Inc., appeals from the summary judgment rendered by the trial court in favor of the defendants, Brown & Brown of Connecticut, Inc. (Brown & Brown), and Brown & Brown, Inc. (parent company). On appeal, the plaintiff claims that (1) summary judgment was improper because there are genuine issues of material fact as to (a) whether certain conduct of Brown & Brown constituted a prevention of performance and (b) whether the defendants waived...
DiPENTIMA, C.J. The plaintiff, Keyin T. Worth, 1 appeals from the judgment of the trial court rendered in favor of the defendants, Roberta M. Choquette and Armand R. Choquette. 2 On appeal, the plaintiff claims that the court improperly denied her motion to open or set aside the judgment rendered in favor of the defendants. 3 We affirm the judgment of the trial court. The record reveals the following relevant facts and procedural history. The dispute underlying this appeal arose between...
GRUENDEL, J. The defendant Mark A. Lauretti 1 appeals from the judgment of the trial court denying his motion for summary judgment, which asserted that the doctrine of collateral estoppel barred the action brought by the plaintiff, Wiacek Farms, LLC. We affirm the judgment of the trial court. The record, viewed in the light most favorable to the plaintiff; see Martinelli v. Fusi, 290 Conn. 347 , 350, 963 A.2d 640 (2009); reveals the following facts. In 1993, the city of Shelton (city),...
BORDEN, J. The plaintiff, Edmund H. Lohnes, appeals from the judgment of the trial court granting the motions to dismiss his complaint filed by the defendants, Vinu Verghese, an emergency room physician, and the Hospital of Saint Raphael (hospital), in connection with medical care rendered by Verghese. The court granted the defendants' motions to dismiss on the ground that the written opinion accompanying the plaintiff's complaint did not satisfy General Statutes 52-190a. On appeal, the...
