Francis v. Fonfara
Annotate this CaseThe named plaintiff in the underlying action, Ernest Francis, brought a declaratory judgment action against all members of the Connecticut General Assembly. Francis received a waiver of the process server's service fees, including a fee for copies, pursuant to Conn. Gen. Stat. 52-261(a)(2). The plaintiff in error, state marshal Lisa Stevenson (Plaintiff), effectuated service on all defendants. Francis' son had made the copies of the complaint at his expense. Plaintiff subsequently submitted an invoice claiming fees of, inter alia, $900 for copies of the complaint. The trial court disallowed the fee for copies. At issue before the Supreme Court was whether section 52-261(a)(2) entitles a process server to the fee for copies even if she has not personally made the copies. The Court concluded that the trial court, the defendant in error, improperly denied Plaintiff's request for fees where (1) the statute was ambiguous, and (2) clear evidence of legislative intent proved that the fee for copies under section 52-261(a)(2) was not contingent upon the process server's making the copies.
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