127 Conn. App. 711
Conn. App. Ct.2011Background
- 418 Meadow Street Associates, LLC sued One Solution Services, LLC for breach of lease; ownership split: Barbara Levine 50%, Weinshel and Wynnick 50%.
- Defendant answered with a standing defense: plaintiff lacked authority from members to sue; plaintiff denied standing.
- Nov 3, 2009, defendant’s counsel moved to withdraw; withdrawal granted; on Dec 2, 2009 trial date, Steven Levine claimed standing issues and asked for two-week continuance; no counsel for defendant.
- Court entered default judgment on Dec 2, 2009 with damages awarded Dec 16, 2009; plaintiff present, defendant not represented.
- Jan 8, 2010, new counsel appeared for defendant and moved to reopen/reargue; January 22, 2010 hearing held; court denied motion to open and rejected reargue.
- Appellate court reversed, holding the trial court failed to address a subject matter jurisdiction/standing issue and remanded for proceedings on the motion to open.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly addressed subject matter jurisdiction after standing was raised | Levine entities had standing to sue; defendant’s standing challenge should be resolved | The court must resolve lack of standing/subject matter jurisdiction before addressing merits | Remand to determine jurisdiction |
Key Cases Cited
- Ajadi v. Commissioner of Correction, 280 Conn. 514 (2006) (subject matter jurisdiction review is plenary and may be raised at any stage)
- Equity One, Inc. v. Shivers, 125 Conn.App. 201 (2010) (analysis of jurisdiction and party standing in affirmative-defect context)
- Assn. Resources, Inc. v. Wall, 298 Conn. 145 (2010) (standing burden on party seeking court’s exercise of jurisdiction)
- Expressway Associates II v. Friendly Ice Cream Corp. of Connecticut, 34 Conn.App. 543 (1994) (self-representation limits authority to represent one’s own cause)