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   State Courts - Connecticut - January 21, 2005

  
Patrissi Landscaping, Inc. v. Jacunski, CV020821404, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 21, 2005, Filed
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Overview: Aside from a single letter requesting money owed to a client, there was no evidence that an attorney was regularly engaged in the debt collection business or that the principal purpose of his practice was the collection of debts. Therefore, the attorney was not a "debt collector," as defined in 15 U.S.C.S. ? 1692a(6).

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Rhea v. Rhea, FA000375635S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 21, 2005, Decided , January 21, 2005, Filed
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Overview: In a case where neither party had primary physical custody, the burden shifting analysis for relocation did not apply. The motion was granted because the mother proved that the move was proposed for a legitimate purpose, the relocation was reasonable in light of that purpose, and the relocation was in the best interest of the children.

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Sepulveda v. PM&E Sys., CV010455783S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 21, 2005, Decided , January 21, 2005, Filed
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Overview: Summary judgment was entered against tenant on landlord's third-party claim against tenant, seeking indemnification from tenant in suit brought by plaintiff for injuries sustained on premises leased to tenant. Language of lease was broad enough to require tenant to hold landlord harmless from all claims for personal injuries occurring on premises.

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State v. Bermudez, CR02180841, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 21, 2005, Filed
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Overview: Where the inmate committed two counts of first degree robbery and was sentenced to 13 years consecutive to the term she was already serving, the sentence was neither inappropriate nor disproportionate under Conn. Gen. Prac. Book, R. Super. Ct. ? 43-23 et seq. and Conn. Gen. Stat. ? 51-194 et seq., given the inmate's lengthy criminal record.

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State v. Gaillard, CR6417633, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 21, 2005, Filed
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Overview: Where the maximum term was imposed for kidnapping on consideration that the crime resulted in a death, the sentence was not inappropriate nor disproportionate. The court was without authority under Conn. Gen. Prac. Book, R. Super. Ct. ? 43-23 et seq. or Conn. Gen. Stat. ? 51-194, et seq. to modify the sentence.

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State v. Parker, CR0321738, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 21, 2005, Filed
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Overview: Given defendant's extensive criminal history for violent crimes that were similar to his most recent crimes and that probation on seven prior occasions included substance abuse counseling, the court would not modify a sentence to probation without prison given its limited review power under Conn. Gen. Prac. Book, R. Super. Ct. ? 43-23 et seq.

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Webb v. Waterville Props., CVH7179, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, HOUSING SESSION AT HARTFORD, January 21, 2005, Decided , January 21, 2005, Filed
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Overview: Where possessor filed successful forcible entry and detainer action under Conn. Gen. Stat. ? 47a-43 and then filed subsequent action seeking, in part, damages under Conn. Gen. Stat. ? 47a-46 for personal property removed from subject premises, latter action was not barred by prior pending action doctrine, as latter action was different than former.

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Whelan v. Whelan, FA030733370S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 21, 2005, Decided , January 21, 2005, Filed
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Overview: Since ex-husband and ex-wife divided their assets equally by stipulation, they both had approximately equal assets to meet their counsel fees incurred in dissolution action, and the husband's motion for an award of attorneys fees under Conn. Gen. Stat. ? 46b-62 was denied because such award would undermine the distribution of the assets themselves.

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