Legal Opinion

Tyler E. Lyman, Inc. v. Lodrini

Connecticut Appellate Court

Decided August 12, 2003No. AC 23232PublishedCited by 6 opinions

1Opinion of the Court

Opinion

LAVERY, C. J.

The defendant Albert C. Lodrini1 appeals from the judgment of the trial court, denying his motion for an award of counsel fees pursuant to *584General Statutes § 42-150bb. On appeal, the defendant argues that the court improperly concluded that a party could not be found to have defended an action successfully under § 42-150bb when the action is withdrawn before judgment is rendered. Because we conclude that a factual issue exists regarding the applicability of § 42-150bb, we reverse the judgment of the trial court and remand the matter for a hearing on the defendant’s motion…

2Cases cited10 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. Rizzo Pool Co. v. Del GrossoSupreme Court of Connecticut · 1997
  3. Wallerstein v. Stew Leonard's DairySupreme Court of Connecticut · 2001
  4. Habura v. KochanowiczConnecticut Appellate Court · 1996
  5. TDS Painting & Restoration, Inc. v. Copper Beech Farm, Inc.Connecticut Appellate Court · 1997

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3Cited by6 opinions

  1. Tyler E. Lyman, Inc. v. LodriniConnecticut Appellate Court · 2003
  2. Retained Realty, Inc. v. Estate of SpitzerDistrict Court, D. Connecticut · 2009
  3. Bank of New York v. BellConnecticut Superior Court · 2011
  4. Connecticut Housing Finance Authority v. AlfaroConnecticut Appellate Court · 2016
  5. State v. RosarioConnecticut Appellate Court · 2004

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