Freccia v. Freccia

Citations

• 232 Conn. App. 353

Syllabus

In each of three summary process cases, the respective defendants appealed from the trial court's judgment for the plaintiff, either in her individual capacity or as representative of the estate of her husband, the decedent. Each of the defendants claimed, inter alia, that the court improperly failed to conclude that they had a present right to remain in the respective real property or that equitable considerations precluded the plaintiff from obtaining a judgment in her favor. Held: In each of the three appeals, this court declined to reach the merits of the respective defendants' unpreserved claim that the trial court had abused its discretion and had prejudiced them by consolidating for trial the action underlying their respective appeal with four other related summary process actions brought by the plaintiff because the defendants' attorney did not articulate that claim with sufficient clarity before the trial court and the defendants did not demonstrate that it warranted an extraordinary level of review. The trial court's failure to conclude, in each of the three cases, that the defendants had a present right to remain in the real property or that equitable considerations precluded the plaintiff from obtaining judgment in her favor was not improper, as the court did not find credible testimony that the decedent had promised the defendants that they could remain in the property beyond his death, this court would not second-guess that determination, The listing of judges reflects their seniority status on this court as of the date of oral argument. and the trust and the will of the decedent did not reflect that he had contemplated such an outcome. In the first case and the third case, the plaintiff, in her representative capacity, had the legal right to seek possession of the real property at issue and, accordingly, had standing to commence the respective underlying summary process action. In the second case, the plaintiff, in her individual capacity, properly in