Bridgeport Water Pollution Control Authority v. Professional Services Group, Inc., No. CV-03-0399294 (CT 12/16/2004)

• Decision Date: 16 December 2004
• Docket Number: No. CV-03-0399294,CV-03-0399294
• Court: Connecticut Supreme Court
• Parties: Water Pollution Control Authority of the City of Bridgeport v. Professional Services Group, Inc.

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Unpublished Opinion

Water Pollution Control Authority of the City of Bridgeport v. Professional Services Group, Inc.

No. CV-03-0399294

Superior Court of Connecticut

Judicial District of Fairfield at Bridgeport

December 16, 2004

MEMORANDUM OF DECISION

LEVIN, JUDGE.

Regarding the nature and function of a "judgment file," see State v. Mobley, 42 Conn.Sup. 574, 576-77, 634 A.2d 305, aff'd, 33 Conn.App. 103, 105, 633 A.2d 726 (1993), cert. denied, 228 Conn. 917, 636 A.2d 849 (1994).

The substantive issue presented to the court is whether interest should be awarded on the judgment rendered by the court on July 26, 2004. Prejudgment and postjudgment interest here is governed by General Statutes §37-3a. See generally, Ceci Brothers, Inc. v. Five Twenty-One Corp., 81 Conn.App. 419, 427, 840 A.2d 578, cert. denied, 268 Conn. 922, 846 A.2d 881 (2004) (prejudgment interest); TDS Painting & Restoration v. Copper Beech Farm, 73 Conn.App. 492, 510-11, 808 A.2d 726, cert. denied, 262 Conn. 925, 814 A.2d 379 (2002) (postjudgment interest). "General Statutes §37-3a authorizes the award of `interest at the rate of ten per cent a year, and no more . . . as damages for the detention of money after it becomes payable . . .'"

"The defendant, therefore, may be liable for interest at a maximum rate of 10 percent per year on the wrongfully withheld money. `The real question in each case is whether the detention of the money is or is not wrongful under the circumstances.' (Internal quotation marks omitted.) Bertozzi v. McCarthy, 164 Conn. 463, 466, 323 A.2d 553 (1973). Although bad faith is one factor that the court may look at when deciding whether to award interest under §37-3a . . . in the context of the statute, `wrongful' is not synonymous with bad faith conduct. Rather, wrongful means simply that the act is performed without the legal right to do so. Ballentine's Law Dictionary (3rd Ed. 1969). Nevertheless, `[t]he allowance of interest as an element of damages is . . . primarily an equitable determination and a matter lying within the discretion of the trial court.' Bertozzi v. McCarthy, supra, 467." Ferrato v. Webster Bank, 67 Conn.App. 588, 596, 789 A.2d 472, cert. denied, 259 Conn. 930, 793 A.2d 1084 (2002).

As evidenced by the testimony of Attorney Mitola earlier this year, the City proceeded in the good faith belief that it was entitled to garnish monies owing the intervening defendant USFOS. As the court has held, however, the City was mistaken. It was without the legal right to garnish those monies. In doing so it deprived USFOS of the use of those funds. It is equitable that USFOS be restored those monies.

"We note that the rate of interest under 37-3a is not a fixed rate, but rather is the maximum rate of interest that a trial court, in its discretion, can award. Se...