132 Conn. App. 244
Conn. App. Ct.2011Background
- Plaintiff Devore Associates, LLC and defendant Alan M. Sorkin entered a 2005 landscape services contract containing an AAA/arbitration clause.
- May 9, 2008: plaintiff initiated AAA arbitration; defendant admitted execution and counterclaimed for damages.
- October 10, 2008: mediation failed; an arbitrator was assigned but defendant refused to participate in a prehearing conference.
- February 2, 2009: plaintiff moved to compel arbitration; March 2, 2009: court granted the motion and entered default judgment against Sorkin.
- May 18, 2009: Sorkin moved to open the judgment under § 52-212(a); trial court found he had notice and made a deliberate decision not to appear.
- This appeal challenges the trial court’s denial of the motion to open the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of personal jurisdiction voids the judgment | Sorkin argued lack of jurisdiction under § 52-59b(a) | Sorkin contends lack of jurisdiction can justify opening judgment | No; but court relies on reasonable-cause requirement not met by Sorkin. |
| Whether Sorkin showed reasonable cause for not appearing | Sorkin’s absence was justified by lack of jurisdiction or other defense | Absence due to belief of no jurisdiction; argues reasonable cause | Denied; court found deliberate nonappearance and no reasonable cause. |
| Whether § 52-87(b) continuance applies given absence | Not applicable if notice given; continuance not warranted | Three-month continuance should apply for nonresidents | Not applicable; actual notice ended any continuance right. |
| Whether lack of jurisdiction permits collateral attack notwithstanding § 52-212(a) | Collateral attack permissible if judgment void ab initio | Lack of jurisdiction alone could attack judgment | Court cites limitations but ultimately affirms denial of opening. |
Key Cases Cited
- Trichilo v. Trichilo, 190 Conn. 774 (1983) (reasonable-cause requirement applies to default openings)
- Triton Associates v. Six New Corp., 14 Conn. App. 172 (1988) (abuse of discretion standard for opening judgments)
- General Motors Acceptance Corp. v. Pumphrey, 13 Conn. App. 223 (1988) (inherent authority to open judgments rendered without jurisdiction)
- Wilkinson v. Boats Unlimited, Inc., 236 Conn. 78 (1996) (void ab initio judgments may be collaterally attacked)
- Ins. Co. of Pa. v. Waterfield, 102 Conn. App. 277 (2007) (great weight given to trial court’s discretionary decisions)