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VERSPYCK v. FRANCO

(AC 23813).

81 Conn. App. 646 (2004)

THEODORE A. VERSPYCK ET AL. v. MICHAEL J. FRANCO ET AL.

Appellate Court of Connecticut.

Officially released February 24, 2004.

Attorney(s) appearing for the Case

John Wayne Fox, with whom were John J. Louizos and, on the brief, Patricia M. Gaug, for the appellant (defendant Marilyn P. Altsheler).

Louis Ciccarello, for the appellees (plaintiffs).

Lavery, C. J., and Bishop and Peters, Js.

Opinion

PETERS, J.

General Statutes § 52-568 (1) permits a party to a civil action who has been wrongfully sued to recover double damages on the ground of vexatious litigation.1 The trial court held that the plaintiffs met their burden of showing lack of probable cause for the initiation of the earlier litigation. The principal issue on appeal is whether the trial court properly rejected the

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