16 Conn. App. 71 | Conn. App. Ct. | 1988
The named defendant et al.
The defendants’ first claim of error concerns the court’s award of interest. It is rudimentary that an award of interest is within the discretion of the trial court. Crest Plumbing & Heating Co. v. DiLoreto, 12 Conn. App. 468, 478, 531 A.2d 177 (1987). An examination of the record in the present case does not disclose an abuse of this discretion.
The second and third claims of error relate to factual findings of the trial court. “Our review of the trial court’s factual findings is limited solely to the determination of whether they are supported by the evidence or whether, in light of the evidence and the pleadings in the whole record, they are clearly erroneous .... The function of an appellate court is to review, and not retry the proceedings of the trial court.” (Citations omitted.) Petti v. Balance Rock Associates, 12 Conn. App. 353, 357, 530 A.2d 1083 (1987). We conclude that the trial court’s findings are adequately supported by the record.
Claims of error four and five arise from a counterclaim filed by the defendants. The counterclaim did not, however, make a claim for loss of rental income (claim four), or for damage sustained as a result of a defective roof and windows (claim five). Accordingly, the court was correct in excluding evidence concerning those matters. A defendant on a counterclaim “must be restricted in his offer of proof to evidential facts within the range of the case which his [counterclaim] fairly discloses. The [counterclaim] must be definite enough to mark out these limitations with reasonable certainty.” B. Holden & J. Daly, Connecticut Evidence § 68a, and cases cited therein.
The defendants seek relief from their failure to include these matters in their counterclaim on the
The defendants’ final claim of error pertains to their claim for counsel fees. The record indicates that no
There is no error.
In this opinion the other judges concurred.
The Smiths are referred to as the defendants in this opinion because other defendants named in the writ are not involved in the issues raised in this appeal.
Practice Book § 141 provides in pertinent part: “Where the plaintiff desires to make a copy of any document a part of his complaint, he may, without reciting it or annexing it, refer to it as Exhibit A, B, C, and etc., as fully as if he had set it out at length; but in such case he shall serve a copy of such exhibit or exhibits on each other party to the action forthwith upon receipt of notice of the appearance of such party and file the original or a copy of such exhibit or exhibits in court with proof of service on each appearing party.”
Practice Book § 108 provides in pertinent part: “Each pleading shall contain a plain and concise statement of the material facts on which the pleader relies . . . .” (Emphasis added.)
The lack of an ad damnum clause in the counterclaim furnishes an additional ground for finding no error on claims four and five.