Between-the-Bridges, LLC v. O'Rourke

Syllabus

The plaintiff appealed from the trial court's judgment in its favor on its unjust enrichment claim against the defendant, predicated on the defen- dant's failure to pay fees accrued in connection with the plaintiff's storage of the defendant's vessel at its commercial marina. The plaintiff claimed, inter alia, that the court improperly authorized the defendant to remove the vessel from its facility. Held: The trial court erred in issuing an order authorizing the defendant to remove the vessel from the plaintiff's facility, as the defendant did not request such relief; accordingly, this court vacated that portion of the trial court's judgment. The trial court did not improperly decline to award the plaintiff postjudgment interest pursuant to statute (§ 37-3a), as, although the plaintiff requested such an award in its prayer for relief in its complaint, it did not address its claim for postjudgment interest at trial, in its posttrial brief, or otherwise alert the court to that claim before the court issued its corrected memorandum of decision, and, thus, the plaintiff abandoned its claim. Argued November 20, 2025—officially released March 31, 2026