Giano v. Salvatore
136 Conn. App. 834
Conn. App. Ct.2012Background
- Defendant Vanna Salvatore appeals a trial court default judgment favoring John Giano and the denial of her motion to open that judgment.
- Giano served Salvatore with process June 22, 2010; multiple default motions followed for failure to appear and failure to plead, culminating in a judgment on October 28, 2010 for $295,000 plus $667.60 costs.
- Salvatore did not appeal the underlying judgment within 20 days.
- Salvatore filed a verified motion to open the judgment on November 24, 2010; the court scheduled hearings limited to whether Salvatore and her counsel were prevented by accident or mistake from presenting a defense.
- The court determined Brignole’s conduct was unreasonable and that Salvatore did not show that she was prevented from presenting a defense by mistake or accident.
- The court denied the motion to open on May 16, 2011, and the judgment was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused its discretion in denying the motion to open the judgment | Giano | Salvatore | No abuse of discretion |
| Whether the court properly addressed the lack of subject matter jurisdiction argument | Giano | Salvatore | Harmless error; lack of standing lacks merit |
| Whether the timeliness of opening foreclosed review of the merits of the judgment | Giano | Salvatore | Timeliness bars merits review; only discretion to open remains |
Key Cases Cited
- Nelson v. The Contracting Group, LLC, 127 Conn. App. 45 (Conn. App. 2011) (negligence not basis to vacate when defendant had notice of default)
- Worth v. Korta, 132 Conn App. 154 (Conn. App. 2011) (limits on appeal when motion to open filed outside 20-day window)
- Embalmers’ Supply Co. v. Giannitti, 103 Conn. App. 20 (Conn. App. 2007) (release contract interpretation governs contract claims, not jurisdiction)