E & M Custom Homes, LLC v. Negron — 11/17/2014

The plaintiff, E & M Custom Homes, LLC, brought an action seeking the foreclosure of a mechanic’s lien on certain real property belonging to the defendants Alberto Negron and Luz Maria Negron in connection with services that the plaintiff had provided related to the construction of a single-family residence on the property….We granted the plaintiff’s petition for certification to appeal to this court on the following issue: ‘Did the Appellate Court properly affirm the trial court’s award of damages on the defendants’ counterclaim when the plaintiff claims that the amount due under the contract exceeds the amount of damages claimed by the defendants?’ E & M Custom Homes, LLC v. Negron, 308 Conn. 912, 61 A.3d 1099 (2013).”

After examining the record on appeal and after considering the briefs and the arguments of the parties, we have concluded that the appeal in this case should be dismissed on the ground that certification was improvidently granted.

SC19118

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