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Dziedzic v. Pine Island Marina, LLC

Citations: 143 Conn. App. 644; 72 A.3d 406; 2013 WL 2994679; 2013 Conn. App. LEXIS 320Docket: AC 34462

Court: Connecticut Appellate Court; June 25, 2013; Connecticut; State Appellate Court

Narrative Opinion Summary

In this case, the plaintiff filed a breach of contract suit against the defendant, a marina operator, after the defendant terminated the plaintiff's employment contract upon sale of the marina but failed to pay the contractual obligation of $76,000. The defendant, having dissolved its business, did not respond to the lawsuit, resulting in a default judgment in favor of the plaintiff for $150,000, including punitive damages under the Connecticut Unfair Trade Practices Act (CUTPA). The defendant later moved to open the judgment, citing erroneous legal advice due to its dissolution, but the court denied the motion, finding no reasonable cause for its failure to appear. The defendant appealed, but the appellate court upheld the trial court's decision, emphasizing the necessity of demonstrating a valid defense and reasonable cause to set aside a default judgment under General Statutes § 52-212. The court determined that the claims not raised at trial could not be considered on appeal, affirming the original judgment and the awarded damages. Consequently, the plaintiff is entitled to the judgment amount, with funds held in escrow potentially facilitating payment.

Legal Issues Addressed

Appellate Review and Preservation of Claims

Application: The appellate court only reviewed claims properly raised at trial, affirming the trial court's decisions due to the lack of preserved objections or legal authority.

Reasoning: Appellate review requires that claims be distinctly raised in the trial court, and issues not presented at that level cannot be considered on appeal.

Breach of Contract and Damages

Application: The court upheld a default judgment for breach of contract, awarding damages based on the contract's terms, which the defendant failed to honor upon termination.

Reasoning: The plaintiff's complaint established that the defendant operated a marina and had executed an employment contract with the plaintiff from May 9, 2008, to May 9, 2013. The contract allowed the defendant to terminate it without cause with a 30-day notice if the marina was sold, obligating the defendant to pay the plaintiff $76,000 if terminated during the third year of the contract.

Default Judgment and Notice Requirements

Application: The court found the defendant was properly notified but failed to appear, thus justifying the default judgment against it.

Reasoning: The court confirmed proper service of process on the defendant's authorized agent and ruled on February 22, 2011, allowing the plaintiff to attach up to $90,000 from a $300,000 escrow fund held by Stewart.

Negligence and Legal Advice in Default Judgment

Application: Negligence, including reliance on alleged erroneous legal advice, was insufficient to justify opening the default judgment.

Reasoning: Negligence, whether by a party or their counsel, is not sufficient under General Statutes § 52-212 to justify setting aside a default judgment.

Setting Aside Default Judgments under General Statutes § 52-212

Application: The court denied the motion to open the default judgment because the defendant did not demonstrate reasonable cause for its failure to appear.

Reasoning: The court determined there was no reasonable cause for the defendant's failure to defend the action. The defendant's regret over its decision to ignore legal proceedings did not suffice to open the judgment, and the court affirmed that the defendant failed to meet its burden of showing reasonable cause.