214 Conn. 1 | Conn. | 1990
This appeal principally concerns the question of who constitutes a “necessary party” under Practice Book § 152 (3).
“Where an appeal is taken from a judgment following the granting of a motion to strike, we take the facts to be those alleged in the amended complaint construed in a manner most favorable to the pleader.” Amodio v. Cunningham, 182 Conn. 80, 82, 438 A.2d 6 (1980). The amended complaint in this case reveals the following facts. Biro is a citizen of the state of Connecticut and is a practicing attorney who was duly admitted in Connecticut in 1974. Effective in August, 1979, Biro entered into a written partnership agreement with Thomas W. Hill, Jr., of the law firm of Hill and Spoliansky, which had offices located at Muscat, Oman; Dubai, United Arab Emirates; and New York, New
The plaintiffs moved to Oman in October, 1979. At that time, Biro became the partner in charge of the Oman office, and was held out to clients, prospective clients and the world as such. By early 1981, however, the plaintiffs allege that Sidley and Austin, a large law firm with offices worldwide, began surreptitious negotiations with Hill. Specifically, the plaintiffs assert that Sidley and Austin induced Hill to enter into a secret agreement by which Hill became a partner in Sidley and Austin. In return, Sidley and Austin acquired and took over the law practice and assets of the Oman partnership, and Biro was excised from the partnership.
Biro alleges that Sidley and Austin and four of its partners
Personal service of process pursuant to General Statutes § 52-57 (b) was made upon the partnership of Sidley and Austin and four of its partners, including Mark A. Angelson, a partner who resides in Greenwich. In addition, Hill was also named as a defendant, and both plaintiffs alleged a breach of contract count against him. Moreover, the plaintiffs included Hill as a joint tortfeaser with Sidley and Austin in three of the counts.
Sidley and Austin then filed a motion under Practice Book § 152 (3) to strike all five remaining counts in the plaintiffs’ amended complaint. In particular, Sidley and Austin contended that Hill was a “necessary party” within the meaning of § 152 (3). The trial court agreed that Hill was a necessary party, but instead of striking the amended complaint, stayed further proceedings for ninety days, during which time the plaintiffs were given the opportunity to file an action in the New York state courts and to attempt to obtain long-arm service over Hill in Florida. The trial court stated: “If it develops that . . . Hill cannot be made a party in New York, the stay will be lifted in Connecticut and the matter may then proceed in this court. If . . . Hill is in fact made a party to the New York action, or, alternatively, plaintiffs do not start an action in New York, then the motion to strike will be granted.” The plaintiffs, however, chose to forego bringing a New York action and requested that a final judgment be rendered in order that this appeal might be taken.
On appeal,
In the instant case, because the trial court can “proceed to a decree, and do complete and final justice” without Hill’s being joined in the suit, we hold that Hill is not a “necessary party.” First, in the two counts of inducing breach of contract, the allegation of liability is solely against Sidley and Austin, and, therefore, Hill could not have been joined even if he resided in Connecticut. Second, prior to the enactment of the Connecticut Tort Reform Act, No. 86-338 of the 1986 Public Acts,
In the present case, Sidley and Austin is alleged to be jointly and severally liable on the three remaining tort counts. Therefore, since the alleged harm occurred before the operative date of No. 86-338 of the 1986 Pub-
There is error, the judgment dismissing the case is set aside and the case is remanded to the trial court for further proceedings not inconsistent with this opinion.
In this opinion the other justices concurred.
Practice Book § 152 (3) reads as follows: “Whenever any party wishes to contest ... (3) the legal sufficiency of any such complaint, counterclaim or cross complaint, or any count thereof, because of the absence of any necessary party . . . that party may do so by filing a motion to strike the contested pleading or part thereof.”
The four named partners are Mark A. Angelson, H. Blair White, Maurice J. Miller and William O. Fifield.
As the basis for his claim of conversion and misappropriation of property, Biro contends that his property in the Oman partnership, as well as other property loaned to the partnership and used in its offices, and property maintained in his private residence in Oman, were converted by Sidley and Austin to its own use. In addition, as the basis for his claim of tortious interference with business expectations, Biro maintains that Sidley and Austin and Hill made threats against his safety, liberty and body, and those of his family. He claims that these actions were aimed at barring him from Oman and preventing him from practicing law there or in other Near East countries. As a result of the alleged acts, Biro claims that he was not only compelled to abandon his efforts to continue to practice law in the Near East, but forced to leave the area.
Altiok alleges that Sidley and Austin induced the breach of her computer agreement, and converted property that belonged to her in Oman.
The plaintiffs included Hill in all of their counts except those concerning inducing breach of contract.
This appeal was originally filed in the Appellate Court, but pursuant to Practice Book § 4023, this court transferred the appeal to itself on July 6,1989.
The Connecticut Tort Reform Act, No. 86-338 of the 1986 Public Acts, provides for, inter alia, the right of contribution.
The plaintiffs allege that Sidley and Austin perpetrated its tortious behavior in 1981, and the effective date of No. 86-388 of the 1986 Public Acts was October 1, 1986.
The plaintiffs also raise a constitutional issue regarding their right to redress for injury. Given our disposition of the question of whether Hill is a “necessary party,” we need not, however, examine this claim.
Furthermore, Sidley and Austin argues that the trial court’s ruling may be affirmed on the alternate ground of forum non conveniens. As we stated in Union Carbide Corporation v. Aetna Casualty & Surety Co., 212 Conn. 311, 319, 562 A.2d 15 (1989), “the doctrine of forum non conveniens vests discretion in the trial court to decide ‘where trial will best serve the convenience of the parties and the ends of justice.’ ” Therefore, because the trial court has yet to rule on the question of forum non conveniens, it would be premature for this court to examine the issue at this juncture.