Cadle Co. v. Clark
127 Conn. App. 160
| Conn. App. Ct. | 2011Background
- Cadle Company forecloses a judgment lien on Maureen A. Clark's property where she holds a one-half interest; the court later added five co-defendants by order and notice by publication.
- Plaintiff sought default against the five cited-in defendants for nonappearance after publication and later moved for summary judgment against Clark as to liability.
- An evidentiary hearing for a judgment of strict foreclosure was held; Clark did not attend.
- The court granted strict foreclosure after considering plaintiff's appraisal and encumbrances, finding no equity for Clark.
- Clark moved to open the judgment of strict foreclosure alleging improper service and misvaluation; the court denied the motion.
- Clark appeals, challenging both service to cited-in defendants and the valuation supporting strict foreclosure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether improper service justifies opening the judgment | Cadle contests that service by publication complied with court order | Clark claims improper service harmed her rights | No abuse; Clark suffered no cognizable harm and service deemed proper |
| Whether misvaluation invalidates the judgment | Appraisal supported no equity and high encumbrances warranted strict foreclosure | Clark claimed higher value and substantial equity | No abuse; valuation supported by record and no error in denial of motion to open |
Key Cases Cited
- Bhatia v. Debek, 287 Conn. 397 (Conn. 2008) (motions to open reviewed for trial court discretion)
- Webster Trust v. Mardie Lane Homes, LLC, 93 Conn.App. 401 (Conn. App. 2006) (valuation review on motion to open includes testing of misapplication of factors)
- Stephen v. Hoerle, 39 Conn.App. 253 (Conn. App. 1995) (limits on appellate review after denial of motion to open)