Advance Release Opinions – June 15

Reviews of Connecticut Appellate Court advance release opinions about debt collection, divorce, eviction, medical malpractice, and municipal law.

Debt Collection

Sikorsky Financial Credit Union, Inc. v. Pineda – If a note provides for postmaturity interest, and the lender has not waived it, lender is entitled to postjudgment interest at the rate specified, and if no rate is specified, at the legal rate. This is true regardless of whether the judgment expressly provides for postjudgment interest.

Divorce

Hall v. Hall – Trial court held plaintiff in contempt for withdrawing money from a bank account in violation of court order, and denied a joint motion to open and set aside the contempt judgment. Appellate Court rejected plaintiff’s claim that he relied on counsel’s advice in withdrawing the money as unsupported by the record. For the same reason, Appellate Court also rejected plaintiff’s claim that vacating the contempt judgment served substantial justice because it could interfere with his employment prospects – there was no evidence of any such interference in the record.

Eviction

Lyons v. Citron – If a landlord withdraws a summary process action for nonpayment of rent, intending to start the process all over again with a new notice to quit, landlord must wait the nine statutory grace period before serving the new notice to quit because the withdrawal reinstates the tenancy.

Medical Malpractice

Peters v. United Community and Family Services, Inc. – Doctor who wrote opinion letter was board certified in defendant’s specialty, but his letter did not say so. Plaintiff tried to correct the deficiency with an affidavit in opposition to defendant’s motion to dismiss. Trial court dismissed because plaintiff submitted the affidavit after the limitations period had expired, making the affidavit too late to fix the problem. Appellate Court affirmed.

Municipal Law

Nichols v. Oxford – Nichols petitioned under CGS § 13a-103 for an order directing Town to repair and maintain unimproved sections of highway. Trial court denied the petition, finding that the sections had been abandoned if they had ever even been part of a highway. Appellate Court affirmed.