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