Advance Release Opinions – September 22

Connecticut Appellate Court

The Appellate Court issued advance release decisions about civil protection orders, family law, and personal injury (but really appellate procedure).

Civil Protection Order

Sabrina C. v. Fortin – Civil protection order entered. On appeal, defendant claimed that trial court improperly (1) denied his motion to vacate or modify the protection order; (2) changed the basis for its denial in its subsequent articulation; (3) awarded plaintiff her attorney’s fees under the bad faith exception to the American Rule; and (4) granted plaintiff’s motion for a one-year extension of the protection order. The Appellate Court “agree[d] with the defendant’s third and fourth claims, and, accordingly, … remand[ed] the matter to the trial court with direction to vacate the award of attorney’s fees and to vacate the order extending the civil protection order to November 24, 2017.”

Family Law

Mason v. Ford – Defendant moved for postjudgment modification of child support to zero based on loss of income. Trial court modified support to zero, effective retroactively to a date preceding defendant’s service of the motion to modify, and found a 16 week arrearage terminating on the retroactive effective date. Defendant appealed. Appellate Court reversed, finding that under CGS § 46b-86(a) the retroactive effective date could not be earlier than the date of service of the motion to modify, and remanded to recalculate the arrearage.

Personal Injury (but really appellate procedure)

Pecher v. Distefano – Defense verdict in an action for personal injuries plaintiff sustained when she fell off her horse during a riding lesson. Plaintiff appealed claiming that trial court committed harmful error in improperly admitting a release and hold harmless agreement, and a picture of a sign, purporting to relieve defendant from liability. The Appellate Court concluded that plaintiff had failed to carry her burden of presenting an adequate record for the Court to review her claim that she was harmed by the allegedly improper evidentiary rulings.  More specifically, the Court explained that a harm determination requires, among other things, evaluation of the relationship of the improper evidence to the central issues in the case, particularly as highlighted in closing arguments. This evaluation is done in the context of the totality of the evidence. Since plaintiff did not provide the Appellate Court with the totality of the evidence or the closing arguments, the Appellate Court could not conduct a full and complete analysis of harm and had to affirm.