147 Conn. App. 39
Conn. App. Ct.2013Background
- Cadle Company obtained a 3 million dollar judgment against the estate of F. Francis D’Addario in 2010.
- Cadle served subpoenas on Red Knot Acquisitions and Greg Garvey on July 15, 2011 seeking estate asset information.
- Plaintiffs filed motions to quash the subpoenas in the Probate Court, arguing information could be obtained from executors and that discovery should be limited by collateral estoppel and res judicata.
- Probate Court granted the motion to quash on December 8, 2011, finding the information could be obtained from the executors.
- Plaintiffs appealed to the trial court from the Probate Court’s order seeking permanent quash; defendant moved to dismiss for lack of standing.
- Trial court dismissed for lack of standing, and the plaintiffs appealing the Probate order this way.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs were aggrieved to appeal from the Probate Court order | Plaintiffs were aggrieved due to partial denial affecting aggrievement | Defendant contends no aggrievement since full relief granted | No aggrievement; trial court proper to dismiss for lack of standing |
Key Cases Cited
- Erisoty’s Appeal from Probate, 216 Conn. 514 (1990) (aggrievement requires possibility of adverse effect on a protected interest)
- In re Allison G., 276 Conn. 146 (2005) (prevailing party not aggrieved; cannot appeal for different grounds)
- Buchholz’s Appeal from Probate, 9 Conn. App. 413 (1987) (subject-matter jurisdiction; aggrievement review is plenary)
- Chapman Lumber, Inc. v. Tager, 288 Conn. 69 (2008) (determinative factor is the court’s intention from the judgment)
- Jewish Home for Elderly of Fairfield County, Inc. v. Cantore, 96 Conn. App. 326 (2006) (issue is necessarily determined if judgment could not be valid without it)
- Heussner v. Day, Berry & Howard, LLP, 94 Conn. App. 669 (2006) (relitigation of issues not necessarily determined by the judgment)