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TURI ROSTAD v. LEON HIRSCH (AC 31904)
Gruendel, Robinson and Peters, Js. Argued February 7--officially released April 19, 2011

(Appeal from Superior Court, judicial district of Litchfield, Pickard, J.) Hugh F. Keefe, with whom, on the brief, was Benjamin D. Gettinger, for the appellant (defendant). Proloy K. Das and Debra C. Ruel, with whom, on the brief, was James M. Ruel, for the appellee (plaintiff).

Opinion

PETERS, J. In this contested paternity action, after genetic testing established that the defendant was the father of the plaintiff's child, the trial court awarded pendente lite attorney's fees to each member of the mother's litigation team. The father's appeal contests the amount of the fees awarded to the mother's attorneys. We must decide whether we have jurisdiction to hear this interlocutory appeal and whether the record supports the court's fee awards. We decide both of these questions in the father's favor. Accordingly, we reverse the court's rulings as to two of the mother's attorneys and remand the case for recalculation of the contested fees. On June 12, 2008, the plaintiff, Turi Rostad, filed an amended complaint alleging that the defendant, Leon Hirsch, was the father of her minor son, then fifteen years of age, and seeking an order of support and maintenance for the boy. The same day, the plaintiff filed a motion for genetic testing. The defendant denied his paternity and pleaded special defenses of laches, equitable estoppel, waiver and unclean hands. After several months of pretrial litigation, including the defendant's extensive discovery requests and his unsuccessful interlocutory appeal to this court, he submitted to genetic testing that established his paternity. Thereafter, the trial court granted the plaintiff's motions for child support and for pendente lite attorney's fees in the amount of $145,489.03 for Rome McGuigan, P.C. (Rome McGuigan), $25,000 for attorney Andrew Devlin and $10,000 for attorney Thomas Asch. The defendant's appeal challenges only the attorney's fees award. The defendant's appeal presents two issues. He maintains that (1) this court has jurisdiction to decide the propriety of the trial court's pendente lite award of attorney's fees and (2) the trial court's award of attorney's fees was excessive in part. We agree. I APPELLATE JURISDICTION Before we can address the merits of the substantive dispute between the parties, we must determine whether we have subject matter jurisdiction to hear the defendant's appeal. See, e.g., Peters v. Dept. of Social Services, 273 Conn. 434, 441, 870 A.2d 448 (2005). In a prior ruling on the plaintiff's motion for review, we already have affirmed the trial court's ruling that the defendant's appeal automatically stayed the plaintiff's fee award. See Practice Book

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