Sclafani Properties, LLC v. Sport-N-Life Distributing, LLC

Citations

• 198 Conn. App. 292

Syllabus

The plaintiff sought to recover damages from the defendants for breach of a commercial lease, and the matter was referred for a hearing to an attorney trial referee, who recommended judgment in favor of the plain- tiff. In her report, the referee noted that the plaintiff had offered itemized exhibits into evidence and testimony that the defendants had failed to make certain rental payments, to pay real estate taxes and hazard insurance premiums. The referee, however, concluded that the plaintiff failed to provide evidence regarding the real estate taxes or insurance premiums. The plaintiff filed an objection to the referee's report, which the trial court denied, and, thereafter, the court rendered judgment for the plaintiff in accordance with the referee's report. Subsequently, the plaintiff filed a motion for attorney's fees, in which it sought $27,904.12. The court granted the motion but awarded the plaintiff only $6391.63, and the plaintiff appealed to this court. Held: 1. The trial court improperly accepted the attorney trial referee's findings of fact with respect to the unpaid real estate taxes and failed to include in its judgment an amount for unpaid real estate taxes; the record clearly reflected both testimonial and documentary evidence that supported the plaintiff's claim that the defendants owed unpaid real estate taxes. 2. The trial court abused its discretion in determining its award of attorney's fees on the basis of the amount of damages awarded to the plaintiff: using the amount in controversy in determining a reasonable award of attorney's fees is improper and the court indicated in its articulation that its award of attorney's fees was linked to the amount of damages awarded to the plaintiff, and, accordingly a new hearing to determine such fees was ordered. Argued March 9—officially released June 23, 2020