Opinion
(10017)
Argued June 12, 1992
Decision released July 7, 1992
Action to foreclose a mortgage on certain of the named defendant's real property, brought to the Superior Court in the judicial district of Stamford-Norwalk, where the defendants filed a counterclaim; thereafter, the matter was tried to the court, Lewis, J.; judgment for the plaintiff on the complaint and on the counterclaim, from which the named defendant et al. appealed to this court. Affirmed.
Frederic S. Ury, for the appellants (named defendant et al.).
Richard J. Buturla, for the appellee (plaintiff).
We have fully reviewed the claims on appeal and the parties' briefs regarding those claims. We have also reviewed the record of this case.
Although much of the trial testimony was disputed, the credibility of witnesses, the findings of facts and the drawing of inferences are all within the province of the trier of fact. Grayson v. Grayson, 4 Conn. App. 275, 293, 494 A.2d 576 (1985), appeal dismissed, 202 Conn. 211 [ 202 Conn. 221], 520 A.2d 225 (1987). "It is futile to assign error involving the weight of testimony or the credibility of witnesses." Slattery v. Maykut, 176 Conn. 147, 149, 405 A.2d 76 (1978). This court can neither retry the facts in order to make our own findings nor pass on the credibility of witnesses; Lupien v. Lupien, 192 Conn. 443, 445, 472 A.2d 18 (1984); Jacobsen v. Jacobsen, 177 Conn. 259, 263, 413 A.2d 854 (1979); "but can only review such findings to determine whether they could legally, logically and reasonably be found thereby establishing that the trial court could reasonably conclude as it did." Zolan, Bernstein, Dworken Klein v. Milone, 1 Conn. App. 43, 47, 467 A.2d 938 (1983).
Appellants have the burden of showing that there was error in the judgment from which an appeal is taken. Messenger v. Messenger, 18 Conn. App. 825, 559 A.2d 1193 (1989). We conclude that the defendants have not met their burden in this case.