Public-domain · open source
OpenJurist

41 Conn. App. 750

Lapuk v. Simons

Connecticut Appellate Court

Decided June 18, 1996

Connecticut Appellate Court · decided 1996-06-18

Cited by 2 later decisions — most recently August 2012

1 state decisions

Relies on Augeri v. C. F. Wooding Co. · Haxhi v. Moss · 12 Conn. App. 805 - Clark v. Damiani

Good law ✅— No negative treatment on recordhow we know

Decided 1996-06-18

View the full empirical analysis of this case →

PER CURIAM.

¶1This is the plaintiffs appeal from a denial of his application for a prejudgment remedy pursuant to General Statutes § 52-278d (a). The role of the Appellate Court in prejudgment remedy appeals is extremely limited. Haxhi v. Moss, 25 Conn. App. 16, 19, 591 A.2d 1275 (1991). We do not duplicate the role of the trial court in weighing the evidence, but determine only whether the trial court’s conclusion was reasonable. “In the absence of clear error [we] should not overrule the thoughtful decision of the trial court, which has had an opportunity to assess the legal issues which may be raised and to weigh the credibility of . . . the witnesses.” Augeri v. C. F. Wooding Co., 173 Conn. 426, 429, 378 A.2d 538 (1977). Thus, the trial court’s determination on an application for a prejudgment rem*751edy should not be disturbed unless it is clearly erroneous. Id., 429.

¶2In the present case, we find that the conclusion of the trial court had a reasonable basis and was not clearly erroneous. Clark v. Damiani, 12 Conn. App. 805, 531 A.2d 1202 (1987).

¶3The judgment is affirmed.

/41/connapp/750 · .json · Public domain