73 Conn. App. 593 | Conn. App. Ct. | 2002
Opinion
The plaintiff, Corine Carr, appeals from the trial court’s judgment denying her motion to open the judgment of dismissal. The plaintiff claims that the court improperly denied the motion because the defendant, Fleet Bank, acted fraudulently by failing to provide her with the name of its registered agent for service of process, which led to the judgment of dismissal. We affirm the judgment of the trial court.
On February 16, 2001, the defendant filed a motion to dismiss the action in which it claimed that service of process had not been made on its duly authorized agent for service.
We first note our standard of review. “[I]n granting or denying a motion to open a judgment, the trial court is required to exercise a sound judicial discretion and
A court may open a judgment obtained by fraud, including fraudulent nondisclosure. Pospisil v. Pospisil, 59 Conn. App. 446, 449-50, 757 A.2d 655, cert. denied, 254 Conn. 940, 761 A.2d 762 (2000). “Fraud involves deception practiced in order to induce another to act to her detriment, and which causes that detrimental action. . . . The four essential elements of fraud are (1) that a false representation of fact was made; (2) that the party making the representation knew it to be false; (3) that the representation was made to induce action by the other party; and (4) that the other party did so act to her detriment. . . . Fraud by nondisclosure, which expands on the first three of these four elements, involves the failure to make a full and fair disclosure of known facts connected with a matter about which a party has assumed to speak, under circumstances in which there is a duty to speak.” (Citation omitted; internal quotation marks omitted.) Id., 450.
We are mindful that the plaintiff has represented herself throughout the proceedings, and that “[i]t is the established policy of the Connecticut courts to be solici
“The duty to provide this court with a record adequate for review rests with the appellant. ... It is incumbent upon the appellant to take the necessary steps to sustain its burden of providing an adequate record for appellate review. Practice Book § [61-10] .... It is not the function of this court to find facts. . . . Our role is . . . to review claims based on a complete factual record developed by a trial court. . . . Without the necessary factual and legal conclusions furnished by the trial court . . . any decision made by us respecting [the plaintiffs claim] would be entirely speculative.” (Internal quotation marks omitted.) Id.
Because the record is incomplete, we are left only with the plaintiffs assertions that the defendant, by declining to assist her in prosecuting her action against it, acted fraudulently. Without the court’s findings regarding what, if anything, the defendant told the plaintiff, what the defendant knew and intended at the time, and what the plaintiff did as a consequence, we cannot conclude that the court abused its discretion.
The judgment is affirmed.
The plaintiff has proceeded pro se in both the trial court and on appeal.
Practice Book § 10-31 (a) provides in relevant part that “[t]he motion to dismiss shall be used to assert ... (4) insufficiency of process, and (5) insufficiency of service of process. . . .” According to an appended affidavit of Lama Giuliano, a branch manager for the defendant, a sheriff had served her with a civil summons on or about January 11, 2001, but she lacked authority to accept service of process on behalf of the defendant.