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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Baxter v. Aslansan, 85 Conn. App. 816 (2004)

Citation
Baxter v. Aslansan, 85 Conn. App. 816 (2004)
Parent Document
Baxter v. Aslansan, 85 Conn. App. 816 (2004)
Jurisdiction
Connecticut (state)
Effective Date
2004-11-02

Full Text

1,187 chars
“It is axiomatic that [a] reviewing authority may not substitute its findings for those of the trier of the facts. This principle applies no matter whether the reviewing authority is the Supreme Court . . . the Appellate Court ... or the Superior Court reviewing the findings of . . . attorney trial referees. See Practice Book § [19-17] .... [Our Supreme Court] has articulated that attorney trial referees and factfinders share the same function . . . whose determination of the facts is reviewable in accordance with well established procedures prior to the rendition of judgment by the court. . . . The factual findings of a [referee] on any issue are reversible only if they are clearly erroneous. ... [A reviewing court] cannot retry the facts or pass upon the credibility of the witnesses. ... A finding of fact is clearly erroneous when there is no evidence in the record to support it ... or when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” (Citation omitted; internal quotation marks omitted.) Meadows v. Higgins, 249 Conn. 155, 162, 733 A.2d 172 (1999).