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   State Courts - Connecticut - February 3, 2006

  
Ambrose v. Ambrose, FA030196258S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, REGIONAL FAMILY TRIAL DOCKET AT MIDDLETOWN, February 3, 2006, Decided , February 3, 2006, Filed
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Overview: Court deviated from child support guidelines when awarding wife child support in amount of $ 625 per week pursuant to Conn. Gen. Stat. § 46b-84 because husband had substantial assets, had a superior earning capacity, there was extraordinary disparity in parental income, and wife had significant needs, including need to provide home for their child.

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Amoroso v. City of Norwich, 4103006, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, February 3, 2006, Decided , February 3, 2006, Filed
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Overview: Because a building owner completed two repairs but did not perform the other mandated repairs in the time allotted by a housing code inspector, the owner was ordered to pay a fine of $ 250 for the remaining 17 building code violations.

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Baeder v. Fourth of July Town Celebration Comm. Inc., CV045000893, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 3, 2006, Decided , February 3, 2006, Filed
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Overview: Because a church was attempting to use the 120-day rule for entry of a judgment in Conn. Gen. Prac. Book, R. Super. Ct. § 11-19 to present argument on a motion that it had already lost on the merits, and because the church filed its motion for reassignment after the 14-day deadline in § 11-19(a) had passed, the motion was denied.

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Bonsanti v. Newman, CV030401098, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 3, 2006, Decided
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Overview: ERISA health plan that paid much of plaintiff's medical expenses retained subrogation right, and anti-subrogation statute, Conn. Gen. Stat. § 52-225c, was preempted by federal law, so payments were not collateral source and could not be deducted from economic recovery under Conn. Gen. Stat. § 52-225a(a); involuntarily forgiven debt was deductible.

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Casman v. Casman, FA030476028, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 3, 2006, Decided , February 3, 2006, Filed
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Overview: Court denied mother's motion to dismiss father's motions for contempt and modification of custody because under § 13 of UCCJEA, Conn. Gen. Stat. § 46b-115(a)(1), State of Connecticut was not deprived of continuing, exclusive jurisdiction where father still resided there; there was also a reservation of jurisdiction in parties' separation agreement.

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Comm'r of Transp. v. Paul, CV030197624S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 3, 2006, Decided , February 3, 2006, Filed
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Overview: An appellate court revalued a landowner's property in a condemnation appeal to $ 1,375,000, pursuant to Conn. Gen. Stat. § 13a-76, after the taking instead of the amount of $ 112,000 the State had assessed since the existed future uncertainty as to the necessity of obtaining variances to make the remaining land useful.

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Dworak v. City of New Britain, HHBCV055000242S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 3, 2006, Decided
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Overview: Pedestrian did not counter city's evidence that a pole that caused injury in a slip and fall was not on the right of way the city held to maintain sidewalks, so city was granted summary judgment on the pedestrian's claims that the city breached a duty under Conn. Gen. Stat. § 13a-149 and was responsible for his personal injuries.

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Fusco v. Lepine, HHDCV054013841S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 3, 2006, Filed
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Overview: Breach of contract and civil conspiracy allegations against a second of two attorneys were stricken from a client's complaint as the client failed to alleged that a contract existed between him and the attorney and that said attorney acted in concert with the first with the intent to defraud the client in the manner alleged.

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Hussey v. Hussey, FSTFA010183296S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 3, 2006, Decided , February 3, 2006, Filed
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Overview: In an alimony dispute, gross earnings were defined as prior to any deductions for and/or contributions on defendant's behalf and therefore the court determined that two deductions taken by defendant were not permitted to reduce his gross earnings; after disallowing the deductions, the court found that plaintiff was entitled to additional payments.

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Hussey v. Hussey, FSTFA010183296S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 3, 2006, Decided , February 3, 2006, Filed
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Overview: Because a payment made in July 2003 was alimony received by the wife rather than a division of the parties' checking accounts, and because a husband was obligated to pay 30% of a year-end distribution from his employer to the wife, the wife's motions to reopen, to reargue, to clarify and articulate were granted.

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