II v. Diana Drummond (2011)

MEMORANDUM OF DECISION RE DEFENDANT'S MOTION TO OPEN JUDGMENT

On April 6, 2011, the defendant filed a Motion to Open Judgment on the grounds that this Court's decision to award counsel fees to the plaintiff was improper because said request was not filed within thirty days of Judge Sferrazza's order enjoining the defendant from keeping her dog in her condominium at Ryefield, as required by Practice Book § 11–21.  Practice Book § 11–21, however, allows for filing requests for attorneys fees within thirty days following the date of the final judgment, which in this case was originally November 18, 2010.   On December 6, 2010, the plaintiff filed a motion to reargue, which was granted by this Court on February 24, 2011.   The request for attorneys fees was requested by the plaintiff in its original complaint, and not separately post-judgment.  Section 11–21 does not apply in this case.

The Court awarded attorneys fees as part of its judgment and the plaintiff was not required to refile its claim again when the final decision was made as that decision incorporated an award of attorneys fees.

Both parties have submitted briefs with respect to the defendant's motion to re-open the judgment.   The Court has considered both briefs.

In view of the fact that that portion of the case which was heard by this judge resulted in a judgment favorable to the defendant, (not finding her in contempt) attorneys fees were awarded only for that portion of the case heard by Judge Sferrazza in which the plaintiff prevailed.

It addressed the issues of attorneys fees in its decision, as amended.   It can find no strong and compelling reason to open the judgment.  Viglione Sheet Metal, Inc. v. Sakonchick, 190 Conn. 707, 713 (1983).

Accordingly, the defendant's Motion to Reopen is denied.

Klaczak, J.T.R.

Klaczak, Lawrence C., J.T.R.