Opinion
The self-represented plaintiff, Lam-berto Lucarelli, appeals from the judgment of nonsuit
The record reveals the following facts and procedural Mstory. In July, 2009, the plaintiff filed an admimstrative appeal with the Superior Court from a final decision of
The defendant held the remand hearing, but the plaintiff did not subpoena any witnesses. The plaintiff believed that the agreement reached at the pretrial conference required the defendant to issue subpoenas on his behalf. After the remand hearing, the plaintiff
On June 17, 2011, the plaintiff filed a motion to open the judgment of nonsuit. The plaintiff stated in his motion that he “forgot or neglected to note the hearing date upon any calendar” because he was “preoccupied with preparing for and appearing at” other legal proceedings. The defendant objected to the motion to open, arguing that the plaintiffs lack of regard for the court and its process should not be tolerated and that the plaintiff was not likely to prevail on the merits of his appeal. The court held a hearing on the motion to open on July 8,2011. After hearing from the parties, the court denied the motion to open on the record without comment.
On July 20,2011, the plaintiff filed a combined motion for reargument and reconsideration of his motion to open and for disqualification of Judge Levine. The defendant objected to the plaintiffs motions. On July 26,2011, the court, Pittman, J., issued an order denying the motion to reargue/reconsider without comment and indicating that the motion to disqualify was moot “as a final judgment has entered in this file and this court has granted an extension of time to file an appeal.” On August 3, 2011, the plaintiff filed a motion seeking
The plaintiff has appealed from the court’s judgment of nonsuit rendered against him for failing to appear for a scheduled pretrial conference and from the court’s subsequent orders denying his motion to open the judgment of nonsuit, denying his motion to reargue the denial of the motion to open, determining that his motion to disqualify was moot and denying his second motion for reargument, clarification and disqualification. We apply an abuse of discretion standard of review to all of the challenged decisions; see In re Christopher C., 134 Conn. App. 464, 471, 39 A.3d 1122 (2012) (court’s ruling on motion for disqualification reviewed for abuse of discretion); Fort Trumbull Conservancy, LLC v. New London, 135 Conn. App. 167, 190, 43 A.3d 679 (2012) (court’s denial of motions to reconsider, to reargue or to open judgment reviewed for abuse of discretion); except for the court’s determination that the motion to disqualify Judge Levine was moot, over which our review is plenary. See Connecticut Coalition Against Millstone v. Connecticut Siting Council, 286 Conn. 57, 84, 942 A.2d 345 (2008) (mootness raises question of law over which we exercise plenary review).
“This court does not presume error on the part of the trial court; error must be demonstrated by an appellant on the basis of an adequate record.” State v. Tocco, 120 Conn. App. 768, 781 n.5, 993 A.2d 989, cert. denied, 297 Conn. 917, 996 A.2d 279 (2010). As previously noted, although we afford self-represented parties some latitude, “the right of self-representation provides no attendant license not to comply with relevant rules of procedural and substantive law.” (Internal quotation marks omitted.) Keating v. Ferrandino, 125 Conn. App.
In order to determine whether the court abused its discretion, we first need to know the basis for the court’s decisions. The court did not file any memoranda of decision or otherwise state on the record the factual or legal basis for the various decisions the plaintiff challenges on appeal. The plaintiff, in turn, did not follow procedures to compel the court’s compliance with Practice Book § 64-1, where applicable; see Practice Book § 64-1 (b); nor did he move the court to articulate the basis for its decisions pursuant to Practice Book § 66-5. Without any articulation of the basis for the court’s decisions, we are left to guess at or to surmise the reasoning of the court. We have stated on many occasions that we will not engage in such speculation. See, e.g., Cassotto v. Thibault, 131 Conn. App. 328, 335-36, 27 A.3d 399 (2011); Bria v. Ventana Corp., 58 Conn. App. 461, 467, 755 A.2d 239 (2000). There is nothing in the record before us from which we can conclude that the court abused its discretion by rendering the judgment of nonsuit for the plaintiffs failure to appear at the pretrial conference or by later refusing to open that judgment. Likewise, the record does not support a determination that the court abused its discretion when it denied the plaintiffs motions for reargument and reconsideration of its prior rulings or the motion to disqualify Judge Pittman.
Finally, to the extent that the plaintiffs brief can be construed as raising a claim of error regarding the court’s determination that his motion to disqualify Judge Levine was moot, the plaintiff has failed to brief any such claim adequately. “We are not obligated to consider issues that are not adequately briefed. . . . [M]ere conclusory assertions regarding a claim, with
The judgment is affirmed.
“Although we are solicitous of the rights of [self-represented] litigants . . . [s]uch a litigant is bound by the same rules . . . and procedure as those qualified to practice law.” (Internal quotation marks omitted.) Thompson v. Rhodes, 125 Conn. App. 649, 651, 10 A.3d 537 (2010). Throughout his brief, the plaintiff states that his arguments raise “constitutional questions of due process and equal protection.” Other than frequently repeating that phrase, however, the plaintiff has not clearly set forth any specific constitutional claim or provided any factual or legal analysis based on constitutional principles. “It is well settled that [w]e are not required to review claims that are inadequately briefed. ... We consistently have held that [ajnalysis, rather than mere abstract assertion, is required in order to avoid abandoning an issue by failure to brief the issue properly. . . . [F]or this court judiciously and efficiently to consider claims of error raised on appeal . . . the parties must clearly and fully set forth their arguments in their briefs. We do not reverse the judgment of a trial court on the basis of challenges to its rulings that have not been adequately briefed. . . . The parties may not merely cite a legal principle without analyzing the relationship between the facts of the case and the law cited.” (Internal quotation marks omitted.) Keating v. Ferrandino, 125 Conn. App. 601, 603-604, 10 A.3d 59 (2010). “Assignments of error which are merely mentioned but not briefed beyond a mere statement of the claim will be deemed abandoned and will not be reviewed by this court. . . . This also applies to constitutional claims.” (Citations omitted; internal quotation marks omitted.) Dichello v. Holgrath Corp., 49 Conn. App. 339, 348 n.8, 715 A.2d 765 (1998). Accordingly, to the extent that the plaintiff has inadequately attempted to raise constitutional challenges to the court’s orders on appeal, we deem such claims abandoned.
The plaintiffs request for records arose out of an incident involving the plaintiff at the Old Saybrook transfer station and his dissatisfaction with the town’s investigation of that incident.
The court issued notices on July 8, 2011, indicating that it denied the plaintiffs motion to open and sustained the defendant’s objection to the motion to open “for reasons stated on the record.” Our review of the transcript reveals, however, that the court did not provide on the record the legal or factual basis for its decision.