Opinion
No. CV 03 0102932
May 5, 2005
MEMORANDUM OF DECISION
After trial the court finds the following facts. The plaintiffs, Alton White and Cherilyn White, were tenants of the defendant, Nancy Drew, at a 3-bedroom house, owned by Drew located at 47 Catherine Street in Middletown, Connecticut (the "Premises"). Prior to February 28, 2003 Ms. Drew commenced an eviction action against the plaintiffs and that action was concluded when a stipulation for judgment was entered into by the plaintiffs and the defendant. Under the terms of that stipulation, the plaintiffs were required to vacate the Premises by February 28, 2003. The plaintiffs did vacate the Premises on that date and several days later returned to clean it and remove their remaining items located in the house.
The plaintiffs also left property in the garage on the Premises. Ms. Drew had a padlock put on the garage door to ensure that the property in the garage would be safe until the plaintiffs removed it. On March 8, 2003 the defendant was on the Premises when Alton White appeared. Since Mr. White had not notified her that he would be at the Premises on that date, the defendant called the police. When the police arrived Mr. Alton advised them that he was attempting to get his property out of the garage. Ms. Drew advised the officer that Mr. White had been evicted and had no right to be on the property. The officer advised both parties to work through their attorneys concerning the property in the garage.
On March 20, 2003 the police were again called to the Premises because someone had broken into the garage. Ms. Drew told the police that she suspected Mr. Alton and Mr. Alton advised the police that he suspected his stepson, a crack cocaine addict. A few items were missing from the garage after the break-in, but there were many items left in the garage.
Between March 8, 2003 and November 26, 2003 the plaintiffs made no efforts, through their attorney, or otherwise, to remove their property from the garage notwithstanding numerous requests from Ms. Drew and her attorney that they do so.
Ms. Drew sold the Premises and the new owners were in possession by November 2003. When the plaintiffs had made no arrangements to remove their property for some eight months, the defendant arranged to have the City of Middletown come and pick up the property.
Abandonment of personal property requires "an intention to abandon or relinquish accompanied by some act or omission to act by which such an intention is manifested" and is a question of fact. Sanchez v. Forty's Texaco Serv., Inc., 5 Conn.App. 438, 440, 499 A.2d 436 (1985); Sharkiewiez v. Lepone, 139 Conn. 706, 707, 96 A.2d 796 (1953).
Even after the plaintiffs were aware of the break-in at the garage where their property was stored, they made no efforts to obtain the property or even to see that the garage was secured. Their failure to make any attempt to retrieve their property after March 8, 2003 notwithstanding the numerous requests that they do so indicates that they intended to abandon the property. After eight months had passed and numerous requests for removal of the property had gone unanswered by the plaintiffs, the defendant reasonably concluded that the property in the garage was abandoned. She did not convert the property when she disposed of it. Judgment may enter for the defendant on the plaintiffs' complaint.
The defendant's counterclaim was orally withdrawn at trial based on a representation by the defendant's attorney that the allegations set forth therein had been previously adjudicated.
By the court,
Aurigemma, J.