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Civil Procedure Appellate Court Opinion

by Roy, Christopher

 

AC41145 - Bordiere v. Ciarcia Construction, LLC ("The self-represented defendant Michael Ciarcia appeals from the judgment of the trial court granting the motion of Patricia Bordiere, the executrix of the estate of Marcus Bordiere, to open a prior judgment rendered in favor of the plaintiff, Marcus Bordiere, and to substitute herself as the plaintiff for purposes of enforcing the prior judgment by pursuing an after-discovered asset of the defendant. Specifically, the defendant claims that the trial court erred in relying on General Statutes ยง 52-107 to grant the executrix' motion to substitute herself as the plaintiff, as there was no case pending at the time she filed her motion to substitute and, thus, no case in which she could participate. We agree with the defendant and, accordingly, reverse the judgment of the trial court.")