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State Courts -
Connecticut - February 22, 2006
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Bailey, Moore, Glazer, Schaefer & Proto, LLP v. Hippeau, CV054007301S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 22, 2006, Decided , February 22, 2006, Filed
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Overview: Client's motion for summary judgment was granted as to an accounting firm's action seeking payment for services rendered, because the claims were not filed within the six-year statute of limitations under Conn. Gen. Stat. § 52-576, and the client did not agree to pay the debt, so the statute of limitations was not tolled.
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Carli v. Farace, CV040104347,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, February 22, 2006, Decided , February 22, 2006, Filed
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Overview: Judgment was entered in favor of defendants in a developer's action seeking an injunction and specific performance of an alleged option agreement, as the alleged option agreement was not valid because the developer provided no consideration for the option and the option contained an indefinite term.
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GE v. City of Bridgeport, CV010387853S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 22, 2006, Decided , February 22, 2006, Filed
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Overview: Since court found property had not changed to a marked degree in the time between two valuation periods, it was error to value the property at a significantly higher value; moreover, the property was not income producing, so it was error to impose penalty under Conn. Gen. Stat. § 12-63c(a) for failure to file income and expense information.
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Gifford v. Conn. Life & Cas. Ins. Co., CV020470859,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 22, 2006, Decided , February 22, 2006, Filed
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Overview: Because an insured's action for an independent medical examination was based on contract rather than tort, the insured did not have a superior right to refuse or object to the examination under Conn. Gen. Prac. Book, R. Super. Ct. § 13-11 or Conn. Gen. Stat. § 52-178a; the insured did not show a hardship sufficient to warrant a protective order.
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Golodner v. Women's Ctr. of Southeastern Conn., CV054002933,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 22, 2006, Decided , February 22, 2006, Filed
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Overview: The court denied a women's center's motion to dismiss a father's complaint alleging custodial interference because the center's claim that it owed no duty to the father was not an issue of standing or jurisdiction, but of sufficiency of the complaint, which was an issue for a motion to strike, not a motion to dismiss.
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Heredia v. Warden, CV0300826015S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, February 22, 2006, Decided , February 22, 2006, Filed
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Overview: Petition for a writ of habeas corpus, based on ineffective assistance of counsel, in violation of U.S. Const. amend. VI and Conn. Const. art. I, § 8, was denied as the reviewing court could not conclude that defense counsel's performance with regard to the calling of witnesses was deficient. Additionally, defendant failed to show prejudice.
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Holy Seed Christian Acad., Inc. v. Galvin, CV054015768,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 22, 2006, Decided , February 22, 2006, Filed
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Overview: Where church school challenged its classification by Commissioner of Connecticut Department of Public Health, appeal, in which church school sought declaratory judgment, was dismissed. Church school did not exhaust its administrative remedies because it did not formally raise issue before Commissioner under Conn. Gen. Stat. § 4-176(a).
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In re Julissa S., H12CP03009174A, H12CP03009175A,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, JUVENILE MATTERS AT HARTFORD, February 22, 2006, Decided
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Overview: Mother's parental rights were terminated by consent. Father's parental rights were terminated based on abandonment and no ongoing parent-children relationship under Conn. Gen. Stat. § 17a-112(j)(3)(A), (D), where he, inter alia, failed to maintain regular contact with children or support them in any way and had no bond or connection with children.
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LPP Mortg., Ltd v. Lynch, FSTCV040199690,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK, AT STAMFORD, February 22, 2006, Decided , February 22, 2006, Filed
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Overview: Referee's report and recommendations were adopted under Conn. Gen. Prac. Book, R. Super. Ct. § 19-17 as holder agreed that proper calculation of amount of debt should be based on weighing of two sets of evidence and referee's reliance on makers' evidence as to amount of debt was within his province.
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