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Lapuk v. Simons

Appellate Court of Connecticut
Jun 18, 1996
677 A.2d 24 (Conn. App. Ct. 1996)

Opinion

(14371)

Argued May 3, 1996

Officially released June 18, 1996

Application for a prejudgment attachment of certain of the defendants' personal property, and for other relief, brought to the Superior Court in the judicial district of Hartford-New Britain at Hartford, where the court, Corradino, J., denied the application, and the plaintiff appealed to this court. Affirmed.

Lester Katz, for the appellant (plaintiff).

Daniel P. Scapellati, with whom, on the brief, were Erin M. Kallaugher and Mark Seiger, for the appellees (defendants).


This is the plaintiff's appeal from a denial of his application for a prejudgment remedy pursuant to General Statutes § 52-278d (a). The role of the Appellate Court in prejudgment remedy appeals is extremely limited. Haxhi v. Moss, 25 Conn. App. 16, 19, 591 A.2d 1275 (1991). We do not duplicate the role of the trial court in weighing the evidence, but determine only whether the trial court's conclusion was reasonable. "In the absence of clear error [we] should not overrule the thoughtful decision of the trial court, which has had an opportunity to assess the legal issues which may be raised and to weigh the credibility of . . . the witnesses." Augeri v. C. F. Wooding Co., 173 Conn. 426, 429, 378 A.2d 538 (1977). Thus, the trial court's determination on an application for a prejudgment remedy should not be disturbed unless it is clearly erroneous. Id., 429.

In the present case, we find that the conclusion of the trial court had a reasonable basis and was not clearly erroneous. Clark v. Damiani, 12 Conn. App. 805, 531 A.2d 1202 (1987).


Summaries of

Lapuk v. Simons

Appellate Court of Connecticut
Jun 18, 1996
677 A.2d 24 (Conn. App. Ct. 1996)
Case details for

Lapuk v. Simons

Case Details

Full title:BERNARD LAPUK v. ROBERT SIMONS ET AL

Court:Appellate Court of Connecticut

Date published: Jun 18, 1996

Citations

677 A.2d 24 (Conn. App. Ct. 1996)
677 A.2d 24

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