Durkin v. Durkin
In Durkin v. Durkin, 43 Conn. App. 659, 685 A.2d 344 (1996), the Court stated that "if an award of attorney's fees was sought in the underlying proceeding from which the appeal is being taken, the ruling on that earlier application may substantially control the result on the later application for attorney's fees on appeal. A. Rutkin, E. Effron & K. Hogan, 8 Connecticut Practice Series: Family Law and Practice (1991) 44.12, p. 285." Durkin v. Durkin, supra, 664.
In Durkin, the claim was that the court deprived the defendant of a meaningful hearing on attorney's fees because the defendant was unable to cross-examine the plaintiff on her financial affidavit because she was out of the country at the time of the hearing. The Court held that the defendant had a sufficient opportunity to cross-examine the plaintiff at an earlier hearing on the same financial affidavit and thus that the court properly relied on a previous hearing in awarding counsel fees to the plaintiff. Id.