L & R Realty V. Connecticut National Bank

These consolidated appeals return to this court on remand from our Supreme Court.*fn1 The appeals arise out of a mortgage transaction between L & R Realty (L & R), a partnership, and its general partners Raymond LeFoll (LeFoll) and Gail LeFoll (collectively the LeFoll parties) and Connecticut National Bank (bank).*fn2 On appeal, the LeFoll parties claim with respect to their lender liability action against the bank, in which the trial court rendered judgment for the bank, that the trial court improperly (1) determined that the parties' oral agreement to subordinate the bank's mortgage to a construction loan was unenforceable, (2) determined that the bank was excused from subordinating its mortgage to a construction loan because L & R could not satisfy the conditions precedent to a construction mortgage commitment by Mechanics Savings Bank (Mechanics), (3) determined that the LeFoll parties failed to mitigate their damages and (4) failed to recuse itself. With respect to their appeal of the judgment of strict foreclosure in the bank's foreclosure action, the LeFoll parties claim that the trial court (1) improperly found sufficient evidence to support a judgment in the bank's favor, (2) lacked jurisdiction to set law days after the dismissal of the first appeal, (3) improperly awarded attorney's fees, (4) improperly determined that the bank could enforce the note and (5) improperly determined that the subordination agreement was unenforceable.*fn3 We affirm the judgments of the trial court.*fn4