Opinion
(2418)
Argued June 12, 1984
Decision released August 21, 1984
Action to recover on a promissory note, brought to the Superior Court in the judicial district of Fairfield and referred to Hon. Michael J. Sicilian, state referee; judgment for the plaintiff, from which the defendants appealed. No error.
Judith M. Trutt, for the appellants (defendants).
Richard S. Scalo, with whom, on the brief, were Ronald D. Japha and Abraham L Gordon, for the appellee (plaintiff).
The defendants have appealed from the judgment rendered for the plaintiff in an action on a promissory note.
This appeal, originally filed in the Supreme Court, was transferred to this court. Public Acts, Spec. Sess., June, 1983, No. 83-29, 2(c).
The defendants' claims of error attack the findings of fact of the trial court. The Supreme Court has repeatedly criticized and attempted, apparently in vain, to discourage this misuse of the appellate process. Baker v. Baker, 166 Conn. 476, 478, 352 A.2d 277 (1974); Southern New England Contracting Co. v. State, 165 Conn. 644, 646, 345 A.2d 550 (1974); Pawlinski v. Allstate Ins. Co., 165 Conn. 1, 3, 327 A.2d 583 (1973). Questions of fact are to be determined solely by the trial court. Appliances, Inc. v. Yost, 186 Conn. 673, 676-77, 443 A.2d 486 (1982). The weight given the evidence and the credibility of the witnesses are likewise within the province of that court. Dubicki v. Dubicki, 186 Conn. 709, 713, 443 A.2d 1268 (1982); Hallmark of Farmington v. Roy, 1 Conn. App. 278, 281, 471 A.2d 651 (1984). Our review of the record in this case indicates that there was ample evidence to support the court's findings and conclusions. Frumento v. Mezzanotte, 192 Conn. 606, 617-18, 473 A.2d 1193 (1984); Pandolphe's Auto Parts, Inc. v. Manchester, 181 Conn. 217, 221-22, 435 A.2d 24 (1980).
The plaintiff claims that the trial court erred in limiting the amount of attorney's fees awarded. Since the plaintiff has not filed a cross appeal; see Practice Book 3003; contesting this issue, the conclusion of the trial court is not now subject to review in this court. Lynch v. Davis, 181 Conn. 434, 437, 435 A.2d 977 (1980); Johnson v. Murzyn, 1 Conn. App. 176, 182 n. 6, 469 A.2d 1227 (1984).