133 Conn. App. 431
Conn. App. Ct.2012Background
- Gagne sued Vaccaro in 2005 to foreclose a judgment lien arising from a dispute over attorney's fees.
- Vaccaro answered with defenses and a counterclaim; the court granted summary judgment on liability.
- Gagne appealed the summary judgment, but the appeal was dismissed for lack of final judgment and frivolous counterclaim appeal.
- Over the years, the plaintiff sought appellate attorney's fees for multiple appeals; various rulings were issued from 2006 to 2009.
- On remand after an appellate reversal, Judge DeMayo conducted hearings and awarded appellate fees for the second and third appeals.
- Vaccaro moved to disqualify the judge and to delay; the motions were denied, and subsequent contempt/fee issues arose on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 51-183c required recusal on remand after reversal | Vaccaro contends the same judge may hear remand proceedings. | Section 51-183c requires a different judge on remand after reversal. | § 51-183c applies; remand must be heard by a different judge. |
Key Cases Cited
- Rosato v. Rosato, 255 Conn. 412 (2001) (remand for new hearing before a different judge for financial matters)
- Higgins v. Karp, 239 Conn. 802 (1997) (remand to assign case to a different judge when appropriate)
- Willow Funding Co., L.P. v. Grencom Associates, 63 Conn.App. 832 (2001) (foreclosure remand with a different judge noted under § 51-183c)
- Tracey v. Tracey, 97 Conn.App. 278 (2006) (not the remand-after-reversal scenario; distinguishes from § 51-183c context)