Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
5Activity
0 of .
Results for:
No results containing your search query
P. 1
Vacating ActionCP

Vacating ActionCP

Ratings: (0)|Views: 14 |Likes:
Published by WatsonFraud9892
Denied without legitimate basis
Denied without legitimate basis

More info:

Published by: WatsonFraud9892 on Apr 08, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOCX, PDF, TXT or read online from Scribd
See more
See less

10/24/2012

pdf

text

original

 
1
 
2
 
1)
 
default judgment was ordered. This was because of the blizzard at that timethis agent was stuck in back up traffic that made him late.
 
2
)
 
J
udge Moore should have given a half hour grace period before ruling default judgment. Since it would have allowed plaintiff¶s defense to be considered with thetrail brief filed with the clerk at
2:27
pm. Since the judge had left the court room whendefendant¶s agent arrived to file the trial brief.3
)
 
I
mproper notice,
J
udge Moore ruled on the
2
3
rd
of February to deny 96 page motion,filed
J
anuary to justify that in very least an adjournment was appropriate.4
)
 
Misleading posting on case disposition site of the
J
udical court. Specifically, the trial onthe
25
th
was posted twice, where before one of the dates stated ³continuance.´ Thismislead defendant to believe the motion for continuance was granted. Consequently, itwas only the day before that defendant learned the trial was not going to be adjorned.
5
)
 
P
laintiff is without funds that would have not made it possible to have paid for travel if he wanted to attend and this fact of being impoverished was brought to the attention of the judges in his papers.Wherefore, defendant has standing to have the case restored to the docket pursuant to C.G.S. §
52-2
1
2
.
-µO
 pening defaultupon default or nonsuit;¶
that states:
 
(a)
 
³Any judgment rendered. . . upon a default. . . in the superior court may be set aside,within four months following the date on which it was rendered . . . , and the case reinstated onthe docket, on [$
75]
costs . . . , upon . . . written motion of any party or person prejudicedthereby, showing . . . good cause of . . . defense in whole . . . existed at the time of the renditionof the judgment . . . , and that the . . . defendant was prevented by mistake, accident or other reasonable cause from prosecuting the action or making the defense.
 
3
 
(b)
 
The . . . written motion shall be verified by the oath of the complainant . . . , shall state ingeneral terms the nature of the claim or defense and shall particularly set forth the reason whythe plaintiff or defendant failed to appear.
(c)
 
The court shall order reasonable notice of the pendency. . . written motion to be given tothe adverse party, and may enjoin him against enforcing the judgment or decree until thedecision upon the complaint or written motion.´³A party moving for the opening of a judgment must make a two part showing that
:
(
1)
agood defense existed at the time an adverse judgment was rendered; and (
2
)
the defensewas not at that time raised by reason of mistake, accident or other reasonablecause.´(
 P 
elletier v. Goodnoff 
(
1
998
)
 
727
A.
2
d
277
, 4
5
Conn.Supp.
5
63, affirmed
727
 A.
2
d
22
9,
52
Conn.App. 360
)
.F
IR 
ST
P
O
IN
T, DE
 NI
AL
O
F AD
JU
RN
ME
 N
T WAS
U
 NR 
EAS
O
 N
ABLEWherefore the court acted unreasonably and in clear abuse of its discretion by rejecting the³good cause´ presented by defendant to adjourn the case for six weeks when he could appear.Since the facts shown in the papers established good cause to justifythat the court should notadhere to its initial ruling on
J
an
25
th
 
2
0
1
0. Whereas, in this ruling
J
udge Grogins stated that the possibility of an adornment was contingent upon the payment of defendant of the
µU
se &
O
ccupancy¶ by February
1
st
and a letter from a current treating physician.³Conn. Gen.Stat.
§ 52²87 µ
Continuance on account of absent or nonresident defendant. Ex
-
ceptions (a
)
¶Every civil action in which the
defendant is an inhabitant of this state but isabsent from the state at the commencement of the action and continues to be absent untilafter the return day
, without having entered any appearance therein, shall be continued or  postponed for thirty days by order of the court.
I
f the defendant does not then appear and no
special reason is shown for further delay
, judgment by default may be rendered against him.´
 
Accordingly, special reason was shown by defendant¶s doctors that he was medically advised notto travel at this time and defendant requested the hearing to be adjourned for another 6 weeks.This was established by letters from defendant¶s pulmonary specialist (the head of the dept. at

Activity (5)

You've already reviewed this. Edit your review.
1 hundred reads
ddllaa liked this
fawyer liked this
JeannieW liked this
JRAchilles liked this

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->