138 Conn. App. 413
Conn. App. Ct.2012Background
- Plaintiffs Acadia Insurance Company and 139 Washington Avenue, LLC sued Erin and John O’Reilly for property damage on 1100 West Main Street, Branford, arising from Erin’s March 14, 2010 driving incident.
- Plaintiffs alleged Erin operated a vehicle owned by John, damaging plaintiffs’ realty by $7,541.90 due to negligence.
- Default for failure to appear was entered December 21, 2010; defendants appeared pro se on December 28, 2010.
- Default for failure to plead was entered February 9, 2011; defendants answered February 14, 2011; plaintiffs filed certificate of closed pleadings February 18, 2011.
- Trial notice indicated May 11, 2011 for a court trial; defendants allegedly did not receive notice.
- On May 11, 2011 the defendants failed to appear, resulting in a default judgment after damages hearing; July 5, 2011 motion to open was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of the motion to open was an abuse of discretion | Acadia argues the motion was untimely and unsigned/undocumented as required. | O’Reillys contend lack of notice and fairness justify opening the judgment. | No abuse of discretion; denial affirmed. |
Key Cases Cited
- Langewisch v. New England Residential Services, Inc., 113 Conn. App. 290 (2009) (appeal limits when attacking a denial of a motion to open)
- Walton v. New Hartford, 223 Conn. 155 (1992) (discretionary standard for opening a judgment)
- Priest v. Edmonds, 295 Conn. 132 (2010) (articulation required when decision basis is unclear)
- State v. Tocco, 120 Conn. App. 768 (2010) (no automatic presumption of error; need record)
- Chapman Lumber, Inc. v. Tager, 288 Conn. 69 (2008) (presumption in favor of trial court’s action in open motions)
- Hogan v. Lagosz, 124 Conn. App. 602 (2010) (appellate role not fact-finding; needs adequate record)
- In re Baby Girl B., 224 Conn. 263 (1992) (no plenary review of trial court’s decision on motion to open unless record)