149 Conn. App. 489
Conn. App. Ct.2014Background
- Plaintiff Pachaug Marina & Campground Association, Inc. sought foreclo sure of a statutory lien under CGS § 47-258(a) on a unit at Pachaug Co-Operative Campground for unpaid assessments
- Defendants Anthony and Lucia Russo moved to open the judgment and extend the sale date after the initial foreclosure judgment
- The court initially entered default and a foreclosure judgment; sale date set for July 21, 2012
- Defendants later sought to open the judgment and extend the sale date multiple times, arguing substantial equity and later claims of incorrect debt amount
- Defendants claimed § 47-258(e) extinguished liens for 2007–2009 assessments if proceedings were not instituted within three years; trial court denied their motion
- On appeal, the court affirmed the trial court’s denial, holding no abuse of discretion and remanding for a new sale date
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 47-258(e) extinguishes the lien | Russohe asserts extinguishment for 2007–2009 assessments | Russo contends lien extinguished if enforcement not commenced within three years | No error; court upheld denial of motion to open |
| Whether the trial court abused its discretion in not opening the judgment | Russohe asserts exceptional circumstances justify opening | Russo contends defense not previously raised due to exceptional equity | No abuse of discretion; judgment affirmed and remanded for sale date |
Key Cases Cited
- Kaplan & Jellinghaus v. Newfield Yacht Sales, Inc., 179 Conn. 290 (1979) (opening a default judgment not abuse of discretion for negligence)
- Dziedzic v. Pine Island Marina, LLC, 143 Conn. App. 644 (2013) (two-prong test for opening judgment; failure to meet both prongs fatal)
- Tsitaridis v. Tsitaridis, 100 Conn. App. 115 (2007) (two-part showing required for opening; defense not raised problematic)
- Berzins v. Berzins, 105 Conn. App. 648 (2008) (two-prong test for opening; failure to meet prongs fatal)
- Chapman Lumber, Inc. v. Tager, 288 Conn. 69 (2008) (opening a judgment is discretionary; not required to consider unraised claims)
- JPMorgan Chase Bank, N.A. v. Eldon, 144 Conn. App. 260 (2013) (discretion in opening judgments; not required to consider new claims)
- Woodruff v. Riley, 78 Conn. App. 466 (2003) (opening judgment; discretion and preclusion of newly raised defenses)
- Connecticut Savings Bank v. Obenauf, 59 Conn. App. 351 (2000) (brief references to exceptions to default defenses)