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   State Courts - Connecticut - February 8, 2005

  
Speirs v. Speirs, FA030197897S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 8, 2005, Decided , February 8, 2005, Filed
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Overview: Where the evidence showed that a wife, in a dissolution action, had previously worked in the aerospace industry for many years but had become a homemaker and then a make-up consultant for nine years, alimony was ordered in the amount of $ 2,400 per month and a safe harbor of $ 26,000 was placed on her earnings before alimony was modifiable.

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State v. John M., (AC 24174), APPELLATE COURT OF CONNECTICUT, February 8, 2005, Officially Released
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Overview: Sexual assault convictions were affirmed because the court did not abuse its discretion in excluding proffered evidence of bias by witnesses towards defendant, and the prosecutor's closing arguments were not improper.

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Stern v. Rojas, 569572, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 8, 2005, Filed
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Overview: Because defendant did not move to set aside a default judgment pursuant to Conn. Gen. Prac. Book, R. Super. Ct. ¿ 17-42, his motion to dismiss plaintiff's action was not properly before the court. Hence, defendant's motion to dismiss was denied.

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Stutz v. Southport Ath. Club, Inc., CV010388156, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 8, 2005, Decided , February 8, 2005, Filed
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Overview: A request to vacate a portion of an arbitrator's award under Conn. Gen. Stat. ¿ 52-418 in a derivative action was denied because the arbitrator explained his decision to reduce the amount of attorneys fees awarded, which included the lack of novelty and complexity and a shareholder's violation of Conn. Gen. Stat. ¿ 33-722.

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Tadros v. Tripodi, (AC 24622), (AC 24623), (AC 24944), (AC 24624), (AC 24945), APPELLATE COURT OF CONNECTICUT, February 8, 2005, Officially Released
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Overview: Same court that presided over foreclosure, in separate cases involving same parties, properly ordered clerk to hold foreclosure sale proceeds as prejudgment remedy; that order was not a garnishment and did not violate sovereign immunity principles.

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Teresa T. v. Ragaglia, (SC 17033), SUPREME COURT OF CONNECTICUT, February 8, 2005, Officially Released
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Overview: Upon a finding of probable cause that children were under an imminent risk of physical harm, the commissioner of a state agency had discretionary authority to remove the children from their home, but was not statutorily required to do so.

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Urbanowicz v. Planning & Zoning Comm'n , (23314), APPELLATE COURT OF CONNECTICUT, February 8, 2005, Officially Released
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Overview: Residents' appeal was properly brought pursuant to state zoning statutes; as zoning commission issued special permit at hearing that was not properly noticed, remand was required so that proper notice and hearing could be conducted.

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Zirinsky v. Zirinsky, (AC 23558), (AC 24289), APPELLATE COURT OF CONNECTICUT, February 8, 2005, Officially Released
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Overview: By granting the ex-wife's motion to strike the postjudgment motion for modification, the rules of practice were not followed. Thus, the court improperly granted the motion to strike the postjudgment motion for modification.

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