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Darien Realty Advisors, Inc. v. Reeves

Appellate Court of Connecticut
Mar 10, 1987
10 Conn. App. 145 (Conn. App. Ct. 1987)

Opinion

(4806)

Submitted on briefs February 9, 1987

Decision released March 10, 1987

Action to recover damages for breach of a contract for the sale of certain real property, brought to the Superior Court in the judicial district of Stamford-Norwalk, where the court, Lewis, J., granted the plaintiffs' application for two ex parte real estate attachments; thereafter, the court, Thim, J., on motion by the defendants, dissolved the attachments in part and reduced them in part, and the plaintiffs appealed to this court. No error.

Leora Herrmann filed a brief for the appellants (plaintiffs).

Stephen A. Finn filed a brief for the appellees (defendants).


This is an appeal from an order dissolving two prejudgment remedies. The plaintiffs claim that the trial court applied an erroneous standard in determining whether they established probable cause to support the prejudgment remedies granted against the defendants, and that it erred in concluding that the plaintiffs failed to establish probable cause to support them.

This court's role on review of a prejudgment remedy application is very circumscribed. Solomon v. Aberman, 196 Conn. 359, 364, 493 A.2d 193 (1985); Three S. Development Co. v. Santore, 193 Conn. 174, 176, 474 A.2d 795 (1984). In the absence of clear error, this court should not overrule the trial court, which has had the opportunity to assess the legal issues and to weigh the credibility of the witnesses. Solomon v. Aberman, supra, 364; William M. Raveis Associates, Inc. v. Kimball, 186 Conn. 329, 333, 441 A.2d 200 (1982). The trial court is vested with necessarily broad authority which we will not overrule absent clear error. Barbiarz v. Hartford Special, Inc., 2 Conn. App. 388, 393, 480 A.2d 561 (1984).

In this case, there is absolutely nothing in the record to support the claim that the trial court used any standard other than that of probable cause. We have carefully examined the record in this case and find no clear error.


Summaries of

Darien Realty Advisors, Inc. v. Reeves

Appellate Court of Connecticut
Mar 10, 1987
10 Conn. App. 145 (Conn. App. Ct. 1987)
Case details for

Darien Realty Advisors, Inc. v. Reeves

Case Details

Full title:DARIEN REALTY ADVISORS, INC., ET AL. v. R. BRUCE REEVES ET AL

Court:Appellate Court of Connecticut

Date published: Mar 10, 1987

Citations

10 Conn. App. 145 (Conn. App. Ct. 1987)
521 A.2d 1058

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