Traylor v. STATE SUPERIOR COURT, 15 A.3d 1173

In 2006, Sylvester Traylor, individually and as administrator of his deceased wife’s estate, sued Bassam Awwa and Connecticut Behavioral Health Associates, P.C. for medical malpractice and loss of consortium.
Discovery requests were served and objections were raised; on August 20, 2007, a hearing before Judge Hurley resulted in discovery orders requiring the defendants to comply.
On April 24, 2008, Traylor moved to default the malpractice defendants for noncompliance; Judge Abrams granted the default.
On June 17, 2008, the malpractice defendants moved to open the default and, on July 1, 2008, the court granted opening of the default because the default order was entered without reviewing an objection filed by defendants.
Judgment was entered for the malpractice defendants on February 15, 2011; Traylor filed an appeal from that judgment on February 24, 2011.
On August 12, 2009, Traylor filed an amended mandamus petition seeking to compel enforcement of discovery orders and reinstate the default; the State and defendants moved to dismiss; on February 3, 2010, the court dismissed, finding mandamus unavailable where the plaintiff had a right of appeal from the related action.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether mandamus is available to compel enforcement before final appeal	Traylor asserts mandamus is proper due to mandatory duties	State/defendants contend there is an adequate remedy by appeal	No mandamus; adequate remedy by appeal exists

AvalonBay Communities, Inc. v. Sewer Commission, 270 Conn. 409 (2004) (mandamus review limited; discretion applied in equity)
Huggins v. Mulvey, 160 Conn. 559 (1971) (mandamus not warranted where right of appeal exists)