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Unifund CCR Partners v. Schaeppi
59 A.3d 282
Conn. App. Ct.
2013
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Background

  • Unifund CCR Partners sued Ellen A. Schaeppi and Ernest A. Schaeppi on a credit card debt.
  • Attorney fact finder recommended judgment for the defendants; plaintiff objected and the court remanded for rehearing.
  • On June 19, 2006 the court entered a judgment in favor of the plaintiff, stating it would enter on the fact finder’s revised report.
  • A judgment lien was placed on the defendants’ real property in July 2006; weekly installment payments were ordered in September 2006.
  • In 2007–2008 the court denied plaintiff’s partial summary judgment; it found the underlying money amount and entry were problematic.
  • In 2011 the plaintiff sought to open and modify the 2006 judgment; the court and appellate court held there was no valid judgment to open.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the 2006 judgment was a valid, final money judgment Schaeppi: amount ascertainable from record; judgment final Schaeppi: judgment not a full final money judgment No valid final money judgment entered
Whether the installment payment order can serve as a money judgment or basis to open Installment order could substitute for money judgment Installment order is not a money judgment Installment order not a judgment subject to opening
Whether the court should exercise supervisory powers to modify or remand Court should modify to include precise amount or remand for amount Supervisory powers reserved for extraordinary cases Court declined to exercise supervisory powers

Key Cases Cited

  • Ballou v. Law Offices Howard Lee Schiff, P.C., 304 Conn. 348 (2012) (distinct meanings for installment order vs money judgment)
  • State v. Connor, 292 Conn. 483 (2009) (supervisory powers and fair administration of justice)
  • State v. Ouellette, 271 Conn. 740 (2004) (supervisory powers related to fair administration)
  • Eremita v. Morello, 111 Conn. App. 103 (2008) (standards for reviewing denial of motion to open judgment)
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Case Details

Case Name: Unifund CCR Partners v. Schaeppi
Court Name: Connecticut Appellate Court
Date Published: Jan 22, 2013
Citation: 59 A.3d 282
Docket Number: AC 33850
Court Abbreviation: Conn. App. Ct.