Connecticut Housing Finance Authority v. AlfaroAnnotate this Case
In certain circumstances, Conn. Gen. Stat. 42-150bb permits an award of attorney’s fees to a defendant when a plaintiff withdraws an action as of right pursuant to Conn. Gen. Stat. 52-80 prior to a hearing on the merits.
Plaintiff filed a foreclosure action against Defendant, but when the action had been pending for almost one year, Plaintiff withdrew its action as a matter of right prior to any hearing on the merits. Defendant sought an award of attorney’s fees pursuant to section 42-150bb. The trial court denied the motion. The Appellate Court affirmed. The Supreme Court reversed, holding that once a defendant moves for an award of attorney’s fees pursuant to section 42-150bb after a termination of proceedings that in some way favors the defendant, a rebuttable presumption exists that the defendant is entitled to attorney’s fees, and it is for the trial court to determine whether such an award is proper in light of the totality of the circumstances.