137 Conn. App. 223
Conn. App. Ct.2012Background
- Sullivan, a self-represented attorney, sues Thorndike after a bench trial favoring Thorndike.
- In 1997, Thorndike formed Diko Development, LLC with Therese Santoro; Sullivan was not a member.
- Sullivan wrote two checks totaling $82,000 to Thorndike in January 1997.
- Sullivan, acting for Sowamco, oversaw the bulk sale of three Connecticut properties to Diko in Feb. 1997.
- Sullivan alleged an oral agreement to form an LLC and share profits, but no such agreement was written.
- A 2001 complaint alleged breach of contract and embezzlement; the trial court dismissed under Practice Book § 15-8, finding no damages proof and no ownership proof.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether law of the case precludes new findings | Sullivan argues the prior rulings required recognizing a contract. | Thorndike contends the law of the case permits reevaluation in a later proceeding. | Law of the case does not apply here. |
| Whether a contract existed between the parties | Sullivan asserts there was an oral agreement to form an LLC with shared profits. | Thorndike argues the evidence shows a loan to Diko, not a contract; no meeting of minds. | No contract existed; plaintiff's $82,000 was a loan. |
Key Cases Cited
- Gagne v. Vaccaro, 80 Conn. App. 436 (2003) (law of the case concept and limits on reopening decisions)
- Vidiaki, LLC v. Just Breakfast & Things!!! LLC, 133 Conn. App. 1 (2012) (law of the case may be treated if agreeable; may be decided differently if mistaken)
- Thomas v. West Haven, 249 Conn. 385 (1999) (motion to dismiss standard requires accepting plaintiff's evidence as true)
- Sullivan v. Thorndike, 104 Conn. App. 297 (2007) (early-stage evidence sufficient to survive dismissal; ultimate burden pending)