Appellate Law

Decision

D'Amico v. Ace Financial Solutions, Inc.

  •      
    • Subscription Required

Certification to appeal was improvidently granted on the issue of whether the Appellate Court properly concluded that the exclusionary provision in Connecticut General Statutes §31-284(a), barring actions by employees against their employers in workers' compensation claims, immunizes independent third parties.

Decision

State v. Charlotte Hungerford Hospital

  •      
    • Subscription Required

A party must receive one opportunity for appellate review before it will be subject to the application of collateral estoppel.

Decision

Harnage v. Commissioner of Correction

  •      
    • Subscription Required

Because the court's decision granting, in part, the defendant's cross-motion for partial summary judgment did not dispose of all causes of action against a particular party, nor did the court make the requisite determinations to trigger the exceptions set forth in Practice Book §61-3 and §61-4(a), the decision was not an appealable final judgment.

Decision

Newtown Pool Service, LLC v. Pond

  •      
    • Subscription Required

A writ of error is the appropriate method to seek review of a small claims judgment where the limited circumstances of Practice Book §60-1 are met, and the plaintiff did not have an opportunity or notice to seek a transfer prior to the deadline imposed by Practice Book §24-21.

News

Volunteers May Need Additional Protection

  •      
    • Subscription Required

In Sweeney v. Friends of Hammonasset et al. officially released on January 1, 2013), the state Appellate Court concluded that Connecticut General Statues § 52-557m provides greater protection under the circumstances of that case than did the Federal Volunteer Protection Act (FVPA).

Decision

Brown v. McCue Mortgage Company

  •      
    • Subscription Required

Because the plaintiff did not challenge the basis of the court's dismissal of his action on appeal, the Appellate Court declined to reach the issues he did brief as there was no practical relief the court could grant on the claims raised.

Decision

Grasson v. Board of Education, Town of Orange

  •      
    • Subscription Required

A decision to reinstate a complaint to the docket pursuant to Federal Rule of Civil Procedure 60(b) may not qualify as an appealable "final order."

Decision

State v. Pearson

  •      
    • Subscription Required

Practice Book §67-4 requires, inter alia, that an appellant's brief concisely set forth the issues raised on appeal, the applicable standard of review and legal authorities cited in support of the appellant's position and Practice Book §61-10 states that an appellant bears the responsibility of furnishing an adequate record to review the issue presented.

News

City Versus Developer Case Illustrates Different Approaches To Judging

The Appellate Court case of Hartford v. McKeever resulted in markedly different results in the trial and appeals court, highlighting the two main strains of the Anglo-American legal process.

Decision

Pellecchia v. Connecticut Light and Power Company

  •      
    • Subscription Required

As explained in the 2010 Connecticut Supreme Court case of Gold v. Rowland, "[t]he granting of a motion to strike?ordinarily is not a final judgment because our rules of practice afford a party a right to amend deficient pleadings."