161 Conn.App. 594
Conn. App. Ct.2015Background
- Town of Trumbull filed a foreclosure action against Helene B. Knopick in 2002; judgment of foreclosure by sale entered in 2005 and survived multiple appeals and delays.
- The case was placed on the Superior Court dormancy docket; a status conference was scheduled for March 3, 2014.
- Plaintiff's counsel mistakenly calendared the conference for March 4 and did not appear on March 3; the court dismissed the case for failure to appear and sent notice of dismissal on March 6, 2014.
- On March 5, 2014, plaintiff filed a motion to open the dismissal under General Statutes § 52-212a, asserting mistake/excusable neglect; no affidavit accompanied the motion initially (an affidavit was filed April 23, 2014).
- Defendant objected, arguing the motion must be verified by affidavit under § 52-212(b) because that statute governs motions to set aside default/nonsuit judgments.
- Trial court held a hearing, heard counsel’s oral factual representations, granted the motion to open, and restored the case to the docket; defendant appealed solely on the court’s authority to open the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had authority to open a judgment of dismissal filed after failure to appear at a dormancy status conference | Motion to open was timely under § 52-212a (filed within four months); § 52-212a controls and does not require an affidavit | § 52-212(b) requires motions to set aside judgments rendered on default or nonsuit to be verified by affidavit; court lacked authority because no affidavit accompanied the motion | Court held § 52-212a governs here (not § 52-212); timely motion within four months sufficed, so court had authority to open the dismissal. |
Key Cases Cited
- Trumbull v. Palmer, 104 Conn. App. 498 (Conn. App. 2007) (prior appeal affirming foreclosure judgment)
- Trumbull v. Palmer, 123 Conn. App. 244 (Conn. App. 2010) (subsequent appeal delaying sale implementation)
- Opoku v. Grant, 63 Conn. App. 686 (Conn. App. 2001) (standard of review for authority to grant motion to open; statutory interpretation is plenary)
- Nelson v. Dettmer, 305 Conn. 654 (Conn. 2012) (statutory construction principles)
- Ramos v. J.J. Mottes Co., 150 Conn. App. 842 (Conn. App. 2014) (§ 52-212a permits opening a civil judgment within four months)
- Solomon v. Keiser, 212 Conn. 741 (Conn. 1989) (appealability of challenge to court's authority to open judgment)
- Carter v. D'Urso, 5 Conn. App. 230 (Conn. App. 1985) (procedural deficiency cured by filing affidavit within the four-month period)