S.Ct.Civ.No.: 2007/081

Janet DeFraites-Bergin and Benson Bergin ("Appellants") filed the underlying action for damages against the Board of Directors of Burnett Towers Condominium Association (the "Association"), Leonard Filey, Edward Lewis, Donald Morris, Angel Bonelli, and Charles Hobson ("Appellees") alleging that Appellees unlawfully turned off the utilities in the condominium unit owned by Appellants resulting in cleaning, hotel, and food expenses, as well as pain, stress and mental anguish. Appellees filed a counterclaim against Appellants alleging nonpayment of common charges pursuant to the By-Laws of Burnett Towers Condominium Association (the "By-Laws"). Following a bench trial, the trial court granted judgment in favor of Appellees on Appellant's complaint and awarded Appellees judgment on their counterclaim against Appellants in the amount of $24,340.00 plus fees of $8,625.00 and costs of $200.00. Appellants subsequently filed the instant appeal asserting that the trial court should be reversed because: (1) the trial court erred in failing to enter findings of fact, (2) Appellees failed to give Appellants proper notice of termination, (3) Appellants did not refuse to pay common charges, and (4) the testimony of the president of the Condominium Association was not credible. For the reasons which follow, we affirm the judgment of the Superior Court.