Corsair Special Situations Fund, L.P. v. Pesiri
Opinion of the Court
Plaintiff-Appellant Corsair Special Situations Fund, L.P. ("Corsair") appeals from *590a fee award by the United States District Court for the District of Connecticut (Janet C. Hall, Judge ) in favor of Intervenor-Appellee State Marshal Mark A. Pesiri ("Pesiri"). We assume the parties' familiarity with our earlier opinion in this matter, which discusses at length the underlying facts, procedural history, and arguments presented on appeal. Corsair Special Situations Fund, L.P. v. Pesiri ,
In June 2010, Corsair obtained a judgment from the United States District Court for the District of Maryland jointly and severally against the defendants in the amount of $5,443,171.33.
Although Pesiri successfully served the writ, National Resources ignored it, relinquishing the $2,308,504 to Corsair only after Corsair instituted and won a subsequent turnover action for the monies.
On appeal, Corsair argued that Pesiri was not entitled to the fee because it collected the debt itself through the enforcement proceedings. Corsair Special Situations Fund, L.P. ,
(1) Was Marshal Pesiri entitled to a fifteen percent fee under the terms ofConn. Gen. Stat. § 52-261 (a)(F) ?
(2) In answering the first question, does it matter that the writ was ignored and that the monies that were the subject of the writ were procured only after the judgment creditor, not the marshal, pursued further enforcement proceedings in the courts?
*591i.e., it did not matter that the writ was ignored by the judgment creditor and the monies were obtained through enforcement proceedings.
The Connecticut Supreme Court, in reaching that conclusion, relied on its observation that "Pesiri's proper service and demand were essential predicates to recovery of [the] debt [via turnover], a fact made evident by Corsair's own statements in its application for, and memorandum in support of, the turnover order."
"We receive the response to our certification bearing in mind that the highest court of a state has the final word on the meaning of state law, and are bound to apply [Connecticut] law as determined by the [Connecticut Supreme Court]." Engel v. CBS, Inc .,
Connecticut General Statute § 52-261(a), which governs "[f]ees and expenses of officers and persons serving process or performing other duties," provides in relevant part:
The following fees shall be allowed and paid: ... (F) for the levy of an execution, when the money is actually collected and paid over, or the debt or a portion of the debt is secured by the officer, fifteen per cent [sic] on the amount of the execution, provided the minimum fee for such execution shall be thirty dollars....
Reference
- Full Case Name
- CORSAIR SPECIAL SITUATIONS FUND, L.P. v. State Marshal Mark PESIRI, Intervenor-Appellee, Engineered Framing Systems, Inc., John J. Hildreth, Marie N. Hildreth, EFS Structures, Inc.
- Cited By
- 1 case
- Status
- Published