Speer v. Deutsche Bank National Trust Co.

Summary

The Connecticut Appellate Court held that General Statutes § 47-31 (e), which permits costs to be taxed in favor of a defendant disclaiming an interest in property, does not authorize an award of attorney’s fees. The court also upheld the denial of the plaintiff’s untimely request to amend her complaint and the denial of her motion to substitute a new defendant. The judgment was reversed in part, the attorney’s fee award was vacated, and the judgment was otherwise affirmed.

Holdings

1. General Statutes § 47-31 (e) authorizes reimbursement of ordinary statutory costs and similar taxable items, but does not authorize an award of reasonable attorney's fees to a disclaiming defendant.
2. The trial court did not abuse its discretion by denying the plaintiff's late request to amend the operative complaint to revive an abandoned CUTPA claim.
3. The trial court properly denied the plaintiff's request to substitute Select Portfolio Servicing, Inc. because judgment had already entered on the quiet-title count and no claims remained to be adjudicated.

Questions Presented

1. Whether General Statutes § 47-31 (e), which permits discretionary taxation of costs in favor of a disclaiming quiet-title defendant, authorizes an award of reasonable attorney's fees.
2. Whether the trial court abused its discretion by denying the plaintiff's motion for leave to amend the operative complaint.
3. Whether the trial court abused its discretion by denying the plaintiff's motion to substitute Select Portfolio Servicing, Inc. as the defendant.

Disposition

reversed_and_remanded