McDONALD v. ROWE

(14153)

43 Conn. App. 39 (1996)

STEVEN MCDONALD v. AUDREY ROWE, COMMISSIONER OF INCOME MAINTENANCE

Appellate Court of Connecticut.

Officially released September 10, 1996.


Attorney(s) appearing for the Case

Hugh Barber, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and Richard J. Lynch, assistant attorney general, for the appellant (defendant).

Catherine E. Cushman, for the appellee (plaintiff).

O'Connell, Lavery and Heiman, JS.


O'CONNELL, J.

The defendant, Audrey Rowe, commissioner of income maintenance, appeals following the trial court's award of attorney's fees to the plaintiff, Steven McDonald. The defendant claims that the trial court improperly (1) considered the plaintiff's untimely motion for attorney's fees, and (2) concluded that the defendant's action lacked any substantial justification. We reverse the judgment of the trial court.

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