U.S. Bank National Ass'n v. Iaquessa
34 A.3d 1005
Conn. App. Ct.2012Background
- Defendants defaulted on a promissory note secured by a mortgage on 56 Home Place in Branford.
- Plaintiff is U.S. Bank National Association as Trustee for RALI 2006 QS2, which held the property.
- Foreclosure action was commenced and a foreclosure by sale judgment was entered.
- Property was sold on August 14, 2010, and the trial court approved the committee’s sale.
- Defendants appealed, contending the committee’s sale violated due process.
- The court held the due process claim was not preserved and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the due process claim was preserved for appellate review | Bank argues unpreserved claim must be raised at trial | Iaquessa argues due process violation in approving sale | Claim unpreserved; affirmed |
Key Cases Cited
- Willow Springs Condominium Assn., Inc. v. Seventh BRT Development Corp., 245 Conn. 1 (1998) (issues not decided are not reviewable on appeal)
- State v. Carter, 198 Conn. 386 (1986) (issues must be distinctly raised at trial)
- State v. Dalzell, 282 Conn. 709 (2007) (Golding-like constitutional claims require proper preservation)
- State v. Golding, 213 Conn. 233 (1989) (test for constitutional claims raised on appeal)
- Woodruff v. Butler, 75 Conn. 679 (1903) (claims must be stated clearly to bring precise matter before court)
- Embalmers’ Supply Co. v. Giannitti, 103 Conn. App. 20 (2007) (reply brief inadequate for Golding review; preservation rule applies)