734 A.2d 1010 (Conn.App. 1999), 19181, Perkins v. Colonial Cemeteries, Inc.

• Judge: Before FOTI, FRANCIS X. HENNESSY and SULLIVAN, JJ. In this opinion the other Judges concurred.
• Parties: Thelma PERKINS v. COLONIAL CEMETERIES, INC., et al.
• Docket Number: 19181.
• Date: 08 June 1999
• Court: Connecticut Court of Appeals
• Citation: 53 Conn.App. 646,734 A.2d 1010

Page 1010

734 A.2d 1010 (Conn.App. 1999)

53 Conn.App. 646

Thelma PERKINS

v.

COLONIAL CEMETERIES, INC., et al.

No. 19181.

Court of Appeals of Connecticut

June 8, 1999

Considered March 10, 1999.

Christopher C. Burdett, Stamford, in favor of the motion.

Joel M. Fain, Hartford, in opposition to the motion.

Before FOTI, FRANCIS X. HENNESSY and SULLIVAN, JJ.

FOTI, J.

The defendants have appealed to this court following the trial court's orders denying their motion to set aside the plaintiff's verdict and their motion for remittitur. The plaintiff now moves to dismiss the defendants' appeal for lack of a final judgment because the trial court has not yet decided the plaintiff's claim for punitive damages under the Connecticut Unfair Trade [53 Conn.App. 647] Practices Act (CUTPA), General Statutes § 42-110a et seq. We agree that the appeal is premature and, therefore, grant the plaintiff's motion to dismiss.

The plaintiff, Thelma Perkins, brought this action against the defendants, Colonial Cemeteries, Inc., doing business as Fairfield Memorial Park, and its president Phyllis O. Dowd, alleging that they had illegally and improperly moved her daughter's grave. The plaintiff's complaint alleged, inter alia, breach of contract, negligence, fraudulent misrepresentation and violations of CUTPA. ¹ The jury found for the plaintiff on each count of her complaint

Page 1011

and awarded her $2525 in economic damages, $500,000 in noneconomic damages and $167,508.17 in common-law punitive damages. The trial court accepted the verdict on December 3, 1998. Punitive damages under CUTPA, however, were not decided by the trial court prior to the entry of judgment.

On December 11, 1998, the defendants filed a motion to set aside the verdict and a motion for remittitur, both of which the trial court denied on December 17, 1998. The disposition record indicates that judgment was entered on the verdict on that date. See Gordon v. Feldman, 164 Conn. 554, 557, 325 A.2d 247 (1973). The defendants appealed following the trial court's denial of their motions, and the plaintiff moved to dismiss the defendants' appeal, arguing that there was no final judgment because the trial court had not yet decided whether to award the plaintiff punitive damages under CUTPA. The defendants filed an objection to the plaintiff's motion to dismiss.

This court has previously determined that no final judgment exists until common-law punitive damages have been decided. Lord v.. Mansfield, 50 Conn.App. 21, 28, 717 A.2d 267, cert. denied, 247 Conn. 943, 723 [53 Conn.App. 648] A.2d 321 (1998) . The issue in the present case, however, is whether there is a final judgment after the jury has found liability under CUTPA, but Before the trial court has decided punitive damages on the CUTPA claim.

In Paranteau v. DeVita, 208 Conn. 515, 544 A.2d 634 (1988), our Supreme Court considered whether there was a final judgment in an action involving a CUTPA claim when the trial court had rendered a judgment on the merits of the case, but had not yet determined the issue of attorney's fees. ² In Paranteau, the plaintiffs brought a suit against their landlord alleging, inter alia, a CUTPA violation. On May 27, 1987, the trial court rendered judgment on the merits in favor of the plaintiffs on all counts of their complaint....