425 A.2d 949 | Conn. Super. Ct. | 1981
The plaintiffs brought this summary process action based upon termination of a lease by lapse of time. A judgment of immediate possession was sought. The defendants moved for a jury trial. This motion was granted by the court, Schaller, J., after a hearing. Subsequently, another judge of the Superior Court, Mancini, J., without any notice or hearing overruled the prior action of the court and issued an order suo motu denying the motion. The defendants thereafter appealed to the Supreme Court, which transferred the matter to this court under Practice Book, 1978, 3076.
In order for this court to hear an appeal, there must be jurisdiction under General Statutes
In Beach v. Beach Hotel Corporation,
Practice Book, 1978, 30011 does not, as the defendants contend, change this conclusion. This rule allows an appeal to be taken from a final judgment which does not terminate the litigation. Under this section, a judgment must dispose of certain of the issues between the parties in order to be treated as a final judgment for such appeal. The judgment in the present case did not dispose of any of the issues in the *543 underlying summary process action which will ultimately be tried. We hold that this court does not have jurisdiction to hear this appeal because the denial of a motion for a jury trial is not a final judgment.
Originally, the defendants brought this appeal to the Supreme Court under General Statutes
In any event, the first clause of
Finally, the defendants argue that if the Appellate Session does not hear this appeal the order denying the jury trial will evade review. The only circumstance in which no review of the order could occur would be a victory for the defendants. They could hardly complain about such an outcome.
The appeal is dismissed.
SHEA, DALY and BIELUCH, Js., participated in this decision.