The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Foreclosure Law Supreme Court Slip Opinion

by Zigadto, Janet


SC20463 - U.S. Bank National Assn. v. Rothermel (Mootness; whether Appellate Court properly dismissed as moot defendant's appeal from denial of motion to open strict foreclosure judgment filed one day after title had vested in plaintiff; "The principal issue in this appeal is whether General Statutes § 49-15 (a) (1), which provides in relevant part that no judgment of strict foreclosure "shall be opened after the title has become absolute in any encumbrancer," deprives the trial and appellate courts of subject matter jurisdiction over a motion to open a judgment that, although filed after the law days have passed, invokes the trial court's continuing equitable authority. The defendant, appeals from the judgment of the Appellate Court dismissing her appeal from the trial court's denial of such a motion. In the present appeal, the defendant argues that (1) the Appellate Court's dismissal was improper because § 49-15 did not render her equitable claims moot, and (2) the trial court abused its discretion by denying her motion to open the judgment. The plaintiff, U.S. Bank National Association, argues in response that the prohibition on postvesting motions to open a judgment set forth in § 49-15 implicates the subject matter jurisdiction of our state courts and that, in any event, the defendant is not entitled to equitable relief on the merits. Although we agree with the defendant that the Appellate Court improperly dismissed her appeal in light of the equitable nature of the particular claims at issue, we conclude that the trial court did not abuse its discretion by denying the underlying motion to open the judgment. . .

The judgment of the Appellate Court is reversed and the case is remanded to that court with direction to affirm the trial court's denial of the defendant's motion to open the judgment on the merits.")