In his appeal to the Court of Common Pleas the plaintiff, Kenneth C. Phaneuf, alleged that his motor vehicle operator’s license was wrongfully suspended by the defendant, the commissioner of motor vehicles. The defendant answered and pleaded three special defenses. Thereafter, the plaintiff moved to amend his complaint. The defendant filed a pleading entitled “Motion to Dismiss” on the ground of mootness, to which the plaintiff filed
After tiling an answer, it was improper for the defendant to file any motion addressed to the complaint without seeking the permission of the court. Practice Book §§74, 75;
Glens Falls Ins. Co.
v.
Somers,
The complaint alleged, in part, as follows: On December 22, 1970, the plaintiff was involved in an accident which, resulted in a fatality. The defendant held a hearing on the plaintiff’s right to retain his motor vehicle license in view of the fatal accident. On November 30, 1971, the plaintiff was found not guilty of all criminal charges stemming from the fatal accident of December 22, 1970. On February 22, 1972, the defendant ruled that the operator’s license of the plaintiff be suspended as of March 27, 1972, The plaintiff’s request for a rehearing was
The defendant claims that the plaintiff’s action is moot in that no practical relief can follow from a determination of the questions raised by the appeal because the operator’s license of the plaintiff has been returned. The plaintiff responds that his complaint also requested reversal of the decision of suspension made by the defendant, and “such other and further relief to which Plaintiff in equity may be entitled.” “It is a well-settled general rule that the existence of an actual controversy is requisite to appellate jurisdiction; it is not the province of appellate courts to decide moot questions, disconnected from the granting of actual relief or from the determination of which no practical relief can follow.”
Reynolds
v.
Vroom,
Although the period of suspension was still in effect when the plaintiff filed his complaint, it subsequently terminated. The plaintiff has not indicated any possibility that the suspension will be reinstated. Compare
In re Appeal of Bailey,
The plaintiff’s motion to amend his complaint contained additional allegations regarding two arrests for operating a motor vehicle while his license was under suspension. The plaintiff claims that the court abused its discretion in not allowing the amendment. Apparently, the amendment was
Allowing or denying an amendment to the complaint is within the sound discretion of the court. Such a ruling can be reversed only on a clear showing of an abuse of discretion. Practice Book §§ 131, 132;
Antonofsky
v.
Goldberg,
In the absence of any possibility of practical relief or of any collateral legal consequences, the plaintiff’s appeal to the Court of Common Pleas became moot upon the return of his motor vehicle operator’s license.
There is no error.
In this opinion the other judges concurred.
