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FCM Group, Inc. v. Miller
State: Connecticut
Court: Supreme Court
Docket No: SC18074
Case Date: 04/26/2011
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

THE FCM GROUP, INC. v. JEFFREY T. MILLER ET AL. (SC 18074)
Palmer, McLachlan, Eveleigh, Lavine and Beach, Js. Argued September 23, 2010--officially released May 10, 2011

Richard C. Robinson, with whom were Megan Youngling Carannante and, on the brief, Christine Collyer, for the appellants-cross appellees (defendants). Neal L. Moskow, with whom were Deborah M. Garskof and Anthony J. Labella, for the appellees-cross appellants (plaintiff and third party defendant Frank C. Mercede III).

Opinion

PALMER, J. In this breach of contract and lien foreclosure action arising out of a dispute concerning the construction of a single-family home in the town of Greenwich, the named defendant, Jeffrey T. Miller, who owns the home, and the defendant Cheryl Miller, his wife,1 appeal, and the plaintiff, The FCM Group, Inc., the builder of the home, and the third party defendant, Frank C. Mercede III,2 cross appeal3 from the judgment of the trial court. The trial court, Hon. William B. Lewis, judge trial referee, rendered partial judgment awarding the plaintiff $266,846 in damages, including $3660.67 in lost profit, and awarding the defendants $5000 in damages under General Statutes
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