Willow Springs Condo. v. Seventh Brt Dev., No. Cv 93062549 (Sep. 11, 1996)
Opinion of the Court
The plaintiff, Willow Springs Condominium Association, Inc., CT Page 5413 seeks recovery of attorneys fees under CUTPA. This case was tried to a jury in January of 1996. On February 1, 1996, the jury returned a verdict in favor of the plaintiff against the BRT defendants, Seventh BRT Development Corporation, Little Rock Property Corporation and Danbury Crossroads Corporation. The jury specifically found that the BRT defendants fraudulently concealed information from the Association, and made misrepresentations of a knowing and purposeful manner to the Association and the unit owners. On February 2, 1996, the plaintiff filed a post judgment motion seeking attorneys fees. The affidavit of attorneys fees states that total attorneys fees from the inception of the case through the date of the affidavit, March 22, 1996, is $188,854.05. The affiant, plaintiff's counsel, also stated that the firm's time and disbursement records would be disclosed to the court upon request and after oral argument on the motion counsel forwarded the complete records to the court allowing the court to review the billing records in detail.
The defendants objected to the motion for attorneys fees on the grounds that (1) the CUTPA claim was time barred; (2) punitive damages in this state is the equivalent of attorneys fees and to be entitled to attorneys fees in the form of punitive damages "the evidence must reveal a reckless indifference to the rights of others or an intentional and wanton violation of those rights"; Collens v. New Canaan Water Co.,
DISCUSSION
"General Statutes
As to the defendants' first argument, the claim is barred by the statute of limitations, this is a post judgment motion for attorneys fees. The statute of limitations arguments were heard and decided throughout the course of the trial and will not be further discussed in consideration of the motion presently performed before the court. Additionally, the defendants' argument on the statute of limitations is that the last unit was sold in 1987. "Since more than three years has expired since the sale of the units, the action is barred by the Statute of Limitations." (Defendants' Objection to Plaintiff's Motion for Attorneys Fees.) The above two statements set forth the entire argument presented by the defendants. When a party fails to brief an affirmative claim, the trial court can properly consider it abandoned. Collins v. Goldberg,
The defendants' second argument, that the evidence must show that the defendants acted with reckless indifference to the rights of others of an intentional and wanton violation of the rights of others, is misplaced. The standard argued by the defendants is the standard applied in awarding punitive damages. "In order to award punitive or exemplary damages, evidence must reveal a reckless indifference to the rights of others or an intentional and wanton violation of those rights. Collens v. NewCanaan Water Co.,
"Awarding punitive damages and attorneys fees under CUTPA is discretionary." Gargano v. Heymen, supra,
"The significance of the broad equitable remedies authorized under CUTPA is underscored by the express language of §
There are twelve guidelines for the court to consider in setting reasonable attorneys fees; "(1) the time and labor required; (2) the novelty and difficulty of the questions; (3) the skill requisite to perform the legal service properly; (4) the preclusion of other employment by the attorney due to acceptance of the case; (5) the customary fee for similar work in the community; (6) whether the fee is fixed or contingent; (7) time limitations imposed by the client of the circumstances; (8) the amount involved and the results obtained; (9) the experience, reputation and ability of the attorneys; (10) the "undesirability" of the case; (11) the nature and length of the professional relationship with the client; and (12) awards in similar cases." Steiger v. J.S. Builders, Inc.,
Having reviewed the billing records and considered the above criteria, the court awards $81,508.00 in attorneys fees.
DRANGINIS, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.