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   State Courts - Connecticut - March 13, 2002

  
Eidson v. Eidson, No. 646-98-0060, SUPERIOR COURT OF CONNECTICUT, FAMILY SUPPORT MAGISTRATE DIVISION, JUDICIAL DISTRICT OF WINDHAM, AT WILLIMANTIC, March 13, 2002
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Overview: Absent stay by foreign court ordering child support, order's registration in state in which enforcement was sought was required, despite pending appeal in foreign state. Recognition of order extending beyond age of majority was mandated.

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Ertel v. Graham, CV000093046S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, March 13, 2002, Decided , March 13, 2002, Filed
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Overview: Tenant owed unpaid rent and utilities to landlord and breached her duty under lease to remove property, trash, and rubbish from premises, and failed to leave premises in good, clean condition upon vacating at end of tenancy.

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Evans v. Taylor, FA950328326S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 13, 2002, Filed
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Overview: Failure to address arrearage of pendente lite support in final dissolution order amounted to improper retroactive modification of pendente lite support; on remand, trial court ordered husband to pay arrearage and wife's appellate costs.

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Ge Capital Mortg. Servs. v. Bartlett, CV010164341S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, March 13, 2002, Decided , March 13, 2002, Filed
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Overview: Mortgagee was not entitled to summary judgment on owner's liability on promissory note, where mortgagee failed to provide clear evidence owner was liable or that she received notice of alleged default.

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Gutierrez v. Bland, 059841, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WINDHAM, AT PUTNAM, March 13, 2002, Decided , March 13, 2002, Filed
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Overview: Town's liability to joint tortfeasor under municipal indemnification statutes was contingent upon a judgment against the municipal employee. Where claim was settled without entry of judgment, indemnification claim against town was denied.

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Kelo v. City of New London, 557299, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, March 13, 2002, Decided , March 13, 2002, Filed
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Overview: Court granted permanent injunction in parcel 4A, for lack of necessity, and temporary injunction in parcel 3 against home condemnation under city's municipal development plan developed under state statutes by state agency designated by city.

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Kimball v. King, 066390, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WINDHAM, AT PUTNAM, March 13, 2002, Decided , March 13, 2002, Filed
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Overview: Motion to strike special defense was denied where it was proper for builder to plead mitigation of damages as defense to home owners' breach of contract claim. However, prayer for relief based upon affirmative defense was procedurally improper.

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Marrero v. Warden-Cheshire, CV000435680, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, March 13, 2002, Filed
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Overview: Habeas corpus petition was dismissed, where defendant failed to prove appellate counsel's performance was deficient or that defendant suffered any prejudice. Appellate counsel's explanation of conduct in handling appeal was reasonable.

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Massad v. Jensen, 559830, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON AT NEW LONDON, March 13, 2002, Decided , March 13, 2002, Filed
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Overview: One who was neither party to contract nor contemplated beneficiary thereof was not allowed to sue to enforce it. Defendants who were not parties to written contract containing arbitration clause could not force arbitration under the contract.

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Nardella v. Vachon, CV97542668, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, March 13, 2002, Decided , March 13, 2002, Filed
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