DocketNumber: 14082
Citation Numbers: 40 Conn. App. 58
Filed Date: 1/2/1996
Status: Precedential
Modified Date: 9/8/2022
The defendants appeal
After a trial, the court rendered judgment on the complaint in favor of the plaintiff against Philip Fine, Morton Fine and J. Scott Guilmartin on the theory of quantum meruit. The court also rendered judgment on the counterclaim in favor of the plaintiff and on the third party complaint in favor of Brewer. Subsequently, the trial court rendered judgment in favor of the defendant F & G on the complaint. See T.P. Brewer Construction Co. v. F & G Associates, 34 Conn. App. 714, 643 A.2d 308 (1994).
While much of the evidence at trial was disputed, it is axiomatic that this court cannot retry the facts or pass on the credibility of witnesses. State v. Speers, 17 Conn. App. 587, 592, 554 A.2d 769, cert. denied, 211 Conn. 808, 559 A.2d 1142, cert. denied, 493 U.S. 851, 110 S. Ct. 150, 107 L. Ed. 2d 108, cert. denied sub nom. George v. Connecticut, 493 U.S. 893, 110 S. Ct. 241, 107 L. Ed. 2d 192 (1989). The claims raised on appeal attack the court’s factual findings. There was neither a motion to correct nor a motion for articulation filed. The
The judgment is affirmed.
The named defendant, F & G Associates (F & G), was listed as an appellant on the defendants’ docketing statement. Because the supplemental judgment was rendered in favor of F & G, it is not an aggrieved party. See
The stock of the plaintiff corporation was owned in equal amounts by Terrence P. Brewer, its president, and J. Scott Guilmartin.
The general partners of F & G Associates were Philip Fine, Morton Fine and J. Scott Corporation. J. Scott Corporation was owned in equal shares by J. Scott Guilmartin and Terrence Brewer. Terrence Brewer was the president of J. Scott Corporation. J. Scott Corporation was not made a party to this action.
Practice Book § 4061 provides in pertinent part: “The court may reverse or modify the decision of the trial court if it determines that the factual findings are clearly erroneous in view of the evidence and pleadings in the whole record, or that the decision is otherwise erroneous in law. . . .”