WOODBRIDGE CROSSING CONDOMINIUM ASSOCIATION, INC. v. GWENDOLYN FERGUSON ET AL.
AC 47075
Appellate Court of Connecticut
November 12, 2024
Bright, C. J., and Suarez and Sheldon, Js.
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The plaintiff appealed from the trial court‘s judgment for the defendant condominium unit owner in its foreclosure action for the defendant‘s alleged nonpayment of common fees. The plaintiff claimed that the court impropеrly concluded that it had not met its burden of proof. Held:
The trial court‘s finding that the plaintiff did not satisfy its burden of proving that the defendant had failed to pay common charges for her unit was not clearly erroneous bеcause it was supported by the evidence presented at trial.
Argued September 18—officially released November 12, 2024
Procedural History
Action to foreclose a statutory lien for unpaid common charges on a condominium unit owned by the named defendant, and for оther relief, brought to the Superior Court in the judicial district of New Haven and tried to the court, K. Murphy, J.; judgment for the named defendant; thereafter, the court, K. Murphy, J., rendered judgment dismissing the action as to the defendant Wells Fargo Bank, and the plaintiff appealed to this court. Affirmed.
Kristie Leff, for the appellant (plaintiff).
Opinion
PER CURIAM. In this fоreclosure action concerning the alleged nonpayment of common fees, the plaintiff, Woodbridge Crossing Condominium Association, Inc., appeals from the judgment of the trial court rendered
The following procedural history and facts, as found by the trial court, are relevant to this appeal. The plaintiff commenced a foreclosure action alleging that the defendant, the owner of a unit in the plaintiff‘s condominium complex, hаd failed to pay her monthly common fees for at least six years. Following a trial, the court delivered an oral decision in which it made the following findings of fact and conclusions of law. The strongest evidence in support of the plaintiff‘s claim of nonpayment was (1) plaintiff‘s exhibit 6, a copy of a portion of the plaintiff‘s bank records, which did not reflect the deposit of any checks or money orders frоm the defendant during the period from June, 2013, through May, 2018, and (2) the testimony of Michelle Hufcut, the owner of Evergreen Property Management, LLC (Evergreen), through which she served as the property manager for the plаintiff during the relevant time frame,2 who stated that while she worked for the plaintiff, she deposited all checks and money orders received from unit owners for the payment of common charges into the plаintiff‘s bank account. The court noted that Hufcut had testified as to her usual procedures with respect to depositing such payments but did not remember much, if anything, regarding the defendant‘s payments of common charges for her unit. The court compared plaintiff‘s exhibit 6 with defendant‘s exhibit J1,
The court detailed the following evidence in favor of the defendant‘s position that she had paid her common fees. To begin with, the defendant testified that she had owned her unit since 1991 and that she was current on her payments of common fees. The court found the defendant‘s testimony to be credible, noting in particular that she had supported her claim of payment with credible documentary evidence. The documentary evidence upon which the cоurt relied included (1) exhibit B, a May 24, 2017 letter from Evergreen noting that the amount of common fees due from the defendant each month for her unit was $220 and stating that the defendant was a member in good standing of the condоminium complex, (2) exhibit F, a communication from another former property management company of the plaintiff, Alan Barberino Real Estate, LLC, likewise stating that the amount of common fees due frоm the defendant each month for her unit in the complex was $220 and that her balance as of October 8, 2019, was $285, including $220 in common fees plus an additional $65 in other unspecified charges, and (3) exhibit E, a
The court concluded that the “most logical” explanation for the inconsistencies in the parties’ evidence was that thе defendant had indeed made payments of common fees, but that “for whatever reason, and the court doesn‘t know why . . . it was not reflected in those bank records. And again, I‘ve given some possible reasons for that, but I really don‘t know. And ultimately, it‘s the plaintiff‘s burden of proving that the defendant did not make her payments.” The court rendered judgment for the defendant on the plaintiff‘s complaint and ordered that the lis pendеns be removed. This appeal followed.
The plaintiff claims that the court‘s finding that it did not meet its burden of proof that the defendant did not pay common fees during the period in question is clearly erroneous.4 The plaintiff argues that it presented “abundant, credible and incontrovertible evidence of lack of payment,” including the bank statements, which it contends is “the most accurate and precise method by which to determine the payments made by unit owners.” We are not persuaded.
“A court‘s factual findings underlying its determination that a party failed to sustain its burden of proof will not be disturbed on appeal unless they are clearly
After a careful review of the record, we conclude that the court‘s finding that the plaintiff did not satisfy its burden of proving that the defendant failed to pay common charges for her unit is supported by the еvidence. The defendant testified that she had paid her common fees. Additionally, the defendant presented documentary evidence supporting her payment of the common fees in the relevаnt time frame, including a summary of her payments during that period and two later bills showing small current balances due with other minor charges but no arrearages. Although the plaintiff presented evidence of the defendant‘s nonpayment of common fees that included, most notably, bank records from the relevant time frame, the court did not credit that evidence. Rather, the court credited the defendant‘s testimony and thе documentary evidence in exhibits B, E, and F that supported her testimony that she had paid the common fees for her unit. “[I]t is the exclusive province of the trier of fact to weigh the conflicting evidence, determine the credibility of witnesses and determine whether to accept some, all or none of a witness’ testimony.” (Internal quotation marks omitted.) Rockhill v. Danbury Hospital, 176 Conn. App. 39, 44, 168 A.3d 630 (2017). We conclude
The judgment is affirmed.