12 Conn. App. 348 | Conn. App. Ct. | 1987
The defendants appeal from the judgment rendered by the trial court in accordance with a report from an attorney state trial referee. Their sole claim of error is that General Statutes § 52-549n specifically excludes reference of a case to an attorney trial referee where the amount in demand is in excess of $15,000. The defendants claim, therefore, that the Superior Court did not have jurisdiction to render the judgment in accordance with the referee’s report. We find no error.
The facts are undisputed. The plaintiff brought an action against the defendants alleging fraud, misappropriation of funds and unjust enrichment. The plaintiff alleged damages in excess of $15,000 exclusive of interest and costs. On January 14,1986, the matter was
The first issue we must decide is whether the defendants, by their failure to challenge the authority of the attorney state trial referee in the trial court, have waived their claim that said referee was without jurisdiction to hear this action. An attack upon the reference of a matter to an attorney state trial referee is regarded as a challenge to “ ‘the power of the tribunal that adjudicated [the] case to hear and determine the cause of action presented to it.’ ” Seal Audio, Inc. v. Bozak, Inc., 199 Conn. 496, 499, 508 A.2d 415 (1986), citing Monroe v. Monroe, 177 Conn. 173, 177, 413 A.2d 819, appeal dismissed, 444 U.S. 801, 100 S. Ct. 20, 62 L. Ed. 2d 14 (1979). In Seal Audio, Inc., the defendant, on appeal, for the first time challenged the reference of the action for trial to an attorney state trial referee appointed by the chief justice under General Statutes § 52-434 (a) (4).
The defendants claim that General Statutes § 52-549n
Attorney state trial referees are appointed by the chief justice pursuant to General Statutes § 52-434 (a) (4)
The provisions of General Statutes § 52-549n, which was enacted as Public Acts 1982, No. 82-441, and effective July 1, 1983, and which was relied upon by the defendants, apply expressly to the category of fact-finders established thereby for certain contract actions in which only money damages under $15,000 are claimed. This statute has been implemented by the adoption of Practice Book §§ 546B through 546K. Neither this statute nor its correlative rules of practice have any relation or relevancy to the appointment of attorney state trial referees under § 52-434 (a) (4) or
There is no error.
In this opinion the other judges concurred.
General Statutes § 52-434 (a) provides in relevant part: “state referees. (a) Appointment of retired judges and members of the bar. Cases referred. (1) Each judge of the supreme court, each judge of the appellate court, each judge of the superior court and each judge of the court of common pleas who ceases or has ceased to hold office because of retirement other than under the provisions of section 51-49 shall be a state referee for the remainder of his term of office as a judge and shall be eligible for appointment as a state referee during the remainder of his life in the manner prescribed by law for the appointment of a judge of the court of which
“[General Statutes] Sec. 52-549n. certain contract actions REFERRED TO FACT-FINDERS. RULES OF PROCEDURE. In accordance with the provisions of section 51-14, the judges of the superior court may make such rules as they deem necessary to provide a procedure in accordance with which the court, in its discretion, may refer to a fact-finder for proceedings authorized pursuant to this chapter, any contract action pending in the superior court in which only money damages are claimed and which is based upon an express or implied promise to pay a definite sum, and in which the amount, legal interest or property in demand is less than fifteen thousand dollars exclusive of interest and costs. Such cases may be referred to a fact-finder only after the pleadings have been closed, a trial list claim has been filed, no claim for a jury trial has been filed at the time of reference, and the time prescribed in section 52-215 for filing a jury trial claim within thirty days of the return day or within ten days after the issue of fact has been joined has expired.”