LLC v. Estephanie Valencia et al. (2012)

MEMORANDUM OF DECISION/ORDER MOTION FOR RELEASE OF USE AND OCCUPANCY PAYMENTS

ORDER

The parties have requested, after final disposition of the appeal of the instant matter in favor of the defendants, that this court to determine the amount due each party from the accrued $9,240.00 payments into court for use and occupancy of the subject premises, pursuant to Connecticut General Statutes § 47a–35b.   This Court's determination of the distribution is based upon the respective claims of the parties arising during the appeal, after this court's order for payments dated May 12, 2011.

The final appellate adjudication of this matter has resolved this action in the defendants' favor.   The Court notes that the defendant incurred expenses, in the form of reasonable attorneys fees, in the amount of $9,375.00, in the successful defense of this matter through trial and the appellate process.

Additionally, the Court notes that the defendants have had the benefit of the use and occupancy of the subject premises during the pendency of the appeal.   The defendants, during argument of this motion on March 22, 2012, volunteered that they are not contesting the value of the apartment.

Further, in a related civil collection action between the same parties, Docket No. CVN–1008–2253, this Court entered judgment for the plaintiff on July 29, 2011 and awarded damages and costs in the amount of $9,475.80 for the defendants' use and occupancy of the same premises for several months in 2010 and 2011.

Based on the entire record and applying the holdings in Rock Rimmon Grange # 142 v. Bible Speaks Ministries, Inc., 112 Conn.App. 1, 6 (2009), MFS Associates, Inc. v. Autospa Realty Corp., 19 Conn.App. 32, 35 (1989), Murach v. Schreier, Superior Court, Judicial district of Hartford–New Britain Housing Session, Docket No. SPN–9702–25834 (June 25, 1997, Beach, J.) [21 Conn. L. Rptr. 223], and In Re Spiro, (Bankr.D.Conn), 305 B.R. 142, 146 (2004), the Court orders the following distribution of the $9,240.00 in payments to be made on or after Monday June 18, 2012:

Plaintiff Centrix Management Co., LLC:  $4,620.00;

Defendants Valencia and Sanchez:  $4,620.00.

BY THE COURT

Hon. Vernon, D. Oliver

Oliver, Vernon D., J.