201 Conn.App. 39
Conn. App. Ct.2020Background
- Nationstar Mortgage filed a summary process action to evict occupants of 21 Richmond Hill Rd., Greenwich, after obtaining title following foreclosure.
- A notice to quit dated January 16, 2019 required occupants to vacate by January 30, 2019.
- A state marshal’s return stated each defendant was served by abode service on January 21, 2019 (with a notation that service occurred "afterwards, in Bridgeport" for most).
- Defendants appeared but did not plead; plaintiff moved for default and the court entered judgment of possession on March 20, 2019.
- Postjudgment, defendants moved to dismiss for lack of subject matter jurisdiction, arguing § 47a-23 required service on all occupants; they submitted only Stephen Gabriel’s affidavit acknowledging he received one copy.
- The trial court denied the motions without an evidentiary hearing; defendants appealed, challenging the denial of the motion to dismiss only.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a genuine factual dispute about service of the notice to quit that required an evidentiary hearing before deciding a jurisdictional dismissal motion | Return of service is prima facie proof of abode service and entry of default deems complaint allegations admitted; no hearing required | Stephen Gabriel’s affidavit shows he received only one copy and defendants dispute service on all occupants, so an evidentiary hearing is needed | No genuine dispute; marshal’s return + default suffice; court not required to hold an evidentiary hearing |
| Whether the trial court lacked subject-matter jurisdiction because all designated occupants were not served per § 47a-23 | Service as shown by marshal’s return complied with § 47a-23 and supports jurisdiction | Service was inadequate because other occupants were not shown to have been served | Court had jurisdiction; denial of motion to dismiss affirmed |
Key Cases Cited
- Jenkins v. Bishop Apartments, Inc., 144 Conn. 389 (return of service is prima facie evidence)
- Catalina v. Nicolelli, 90 Conn. App. 219 (default admits material facts in complaint)
- Lyons v. Citron, 182 Conn. App. 725 (service of notice to quit is condition precedent implicating jurisdiction)
- Conboy v. State, 292 Conn. 642 (an evidentiary hearing is required only if there is a genuine dispute as to a pertinent jurisdictional fact)
- Property Asset Management, Inc. v. Lazarte, 163 Conn. App. 737 (due process does not always require full evidentiary hearings; hearing needed only when genuine jurisdictional fact dispute exists)
- Bridgeport v. Barbour-Daniel Electronics, Inc., 16 Conn. App. 574 (failure to comply with service requirements deprives court of jurisdiction)
- JPMorgan Chase Bank Natl. Assn. v. Simoulidis, 161 Conn. App. 133 (standard of review for motions to dismiss and factual findings)