Mark v. Neundorf
2014 Conn. App. LEXIS 8
Conn. App. Ct.2014Background
- Plaintiff owns a mobile home damaged by ice/snow; contract for repairs signed Feb 26, 2011, by Neundorf for Go2Guys.
- Section 12 of the contract provides mediation, then small claims court or binding arbitration; each party bears own attorney fees.
- Plaintiff filed a two-count complaint on April 26, 2011, alleging breach of contract and CUTPA violations against Neundorf and Go2Dump.
- Defendants moved to dismiss on June 8, 2011, arguing lack of subject matter jurisdiction due to the ADR clause.
- Trial court granted dismissal for lack of jurisdiction; court of appeals reverses, holding mediation before suit is not a jurisdictional prerequisite and stay/ADR can be managed judicially.
- Court remands for further proceedings consistent with its opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Go2Dump was bound by the ADR clause. | Mark alleges Go2Dump signed the contract and is bound. | Go2Dump not party to the contract containing the ADR clause. | Go2Dump may be bound; issue not resolved on this appeal. |
| Whether failure to pursue mediation before filing suit deprives court of jurisdiction. | Argues mediation is a condition precedent; failure bars suit. | ADR clause requires mediation/arbitration but not jurisdictional bar. | Failure to pursue mediation does not deprive subject matter jurisdiction. |
| Whether the court should have stayed proceedings under § 52-409 pending arbitration. | Requests stay pending mediation/arbitration. | Arbitration was required as a condition precedent. | Court had discretion to stay; its dismissal was improper. |
Key Cases Cited
- Catrini v. Erickson, 113 Conn. App. 195, 966 A.2d 275 (2009) (arbitration clause can be a condition precedent without destroying jurisdiction)
- Leclair v. Scholastic Mortgage, LLC, (not provided with official reporter) (2010) (mediation as a condition precedent does not deprive court of jurisdiction)
- Cafarelli v. Colon-Collazo, (not provided with official reporter) (2006) (mediation generally non-binding; failure to pursue does not deprive jurisdiction)
- Park City Hospital v. Commission on Hospitals & Health Care, 210 Conn. 697, 556 A.2d 602 (1989) (court may stay proceedings; equitable powers extend beyond statutes)
- EJV Development, LLC v. CRC Real Estate Development, LLC, (not provided with official reporter) (2009) (discretionary authority to stay proceedings in interest of justice)
- St. George v. Gordon, 264 Conn. 538, 825 A.2d 90 (2003) (subject matter jurisdiction analysis for motions to dismiss)