Benedict v. Betancourt

Connecticut Appellate Court

Benedict v. Betancourt

734 A.2d 150, 53 Conn. App. 901, 1999 Conn. App. LEXIS 190

CourtConnecticut Appellate Court

DecidedMay 4, 1999

DocketAC 18297

StatusPublished

Cited by1 cases

This text of 734 A.2d 150 (Benedict v. Betancourt) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benedict v. Betancourt, 734 A.2d 150, 53 Conn. App. 901, 1999 Conn. App. LEXIS 190 (Colo. Ct. App. 1999).

Pincite

Opinion

Per Curiam.

The defendant appeals from the trial court’s denial of his motion to open a March 6, 1989 paternity judgment on the ground that it had been obtained by fraud. The trial court conducted a full hearing and concluded that no fraud had been committed.

On appeal, the defendant argues that the trial court should have made different factual findings and reached [902]*902different conclusions based on the credibility of the witnesses. In effect, we are being asked to substitute our judgment, as to the credibility of the witnesses, for the judgment of the trial court. It is axiomatic that we cannot do that.

The denial of the motion to open the judgment is affirmed.

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Per Curiam.

The defendant appeals from the trial court’s denial of his motion to open a March 6, 1989 paternity judgment on the ground that it had been obtained by fraud. The trial court conducted a full hearing and concluded that no fraud had been committed.

On appeal, the defendant argues that the trial court should have made different factual findings and reached [902]*902different conclusions based on the credibility of the witnesses. In effect, we are being asked to substitute our judgment, as to the credibility of the witnesses, for the judgment of the trial court. It is axiomatic that we cannot do that.

The denial of the motion to open the judgment is affirmed.

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Bluebook (online)

734 A.2d 150, 53 Conn. App. 901, 1999 Conn. App. LEXIS 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benedict-v-betancourt-connappct-1999.

Opinion

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