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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Commissioner of Banking v. Haynes, 76 Conn. App. 824 (2003)

Citation
Commissioner of Banking v. Haynes, 76 Conn. App. 824 (2003)
Parent Document
Commissioner of Banking v. Haynes, 76 Conn. App. 824 (2003)
Jurisdiction
Connecticut (state)
Effective Date
2003-05-20

Full Text

1,498 chars
The landlord claims that the court acted improperly by ordering her to comply with the commissioner’s order, by concluding that the $900 paid to the rental agent was part of the tenant’s security deposit and by relying on parol evidence to vary the terms of the tenant’s lease. Because the landlord failed to file a timely appeal from the commissioner’s decision, the trial court did not have the authority to conduct a de novo trial or to review the findings and conclusions of the commissioner. See Glastonbury Volunteer Ambulance Assn., *830Inc. v. Freedom of Information Commission, 227 Conn. 848, 851-52, 633 A.2d 305 (1993) (failure of party to file administrative appeal under UAPA within forty-five days required by General Statutes § 4-183 (c) deprives trial court of subject matter jurisdiction over appeal). Further, because the landlord failed to file an appeal from the commissioner’s order, her defenses at the trial on the commissioner’s complaint seeking to enforce that order were circumscribed. The trial court had jurisdiction only to assess the merits of the commissioner’s complaint requesting enforcement of his order and the levy of additional statutory penalties and did not have jurisdiction to consider the merits of the underlying order. Nevertheless, we conclude that the trial court’s judgment enforcing the order of the commissioner, as well as its levy of an additional penalty, were well within the court’s statutory authority and were legally and logically correct.