DocketNumber: No. CV 97-040 4153 S
Citation Numbers: 1998 Conn. Super. Ct. 10272
Judges: DeMAYO, JUDGE TRIAL REFEREE.
Filed Date: 9/3/1998
Status: Non-Precedential
Modified Date: 7/5/2016
While this court heard the matter de novo, it is not its function to determine the actual dispute between the parties. Rather, the issue before the court is whether the decree appealed from constitutes an abuse of discretion.
The court heard the parties at length and has serious doubts as to the appellee's eventual success in pressing this suit. However, on the basis of what was presented at the hearing of this matter, there does exist a colorable claim and he should be given the opportunity to present it to a proper authority for a decision after the applicable law is applied.
It is therefore the conclusion of the court that the decree appealed from was not an abuse of discretion and the appeal is denied.
Anthony V. DeMayo, J.T.R. CT Page 10273