Summary
reversing Practice Book 251 dismissal entered without a hearing
Summary of this case from Stamford v. KovacOpinion
(10700)
Argued May 8, 1992
Decision released June 16, 1992
Appeal in each case, from a decision by the defendant denying the plaintiff's application for a sales and use tax exemption, brought to the Superior Court in the judicial district of Hartford-New Britain at Hartford, where the court, Maloney, J., rendered judgments dismissing the appeals; thereafter, the court denied the plaintiff's motions to open the judgments, and the plaintiff filed a consolidated appeal to this court. Reversed; further proceedings.
Denise Rodosevich, with whom, on the brief, were William H. Narwold and William H. Bright, Jr., for the appellant (plaintiff).
David H. Wrinn, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and Joseph Rubin, assistant attorney general, for the appellee (defendant).
The plaintiff appeals from the judgment of the trial court dismissing this case pursuant to Practice Book 251 for the failure of the plaintiff's counsel to appear at an administrative appeals scheduling calendar. On appeal, the plaintiff also challenges the trial court's postjudgment denial of his motion to restore the case to the docket, which motion was filed within the appeal period.
We note that at the time of the dismissal the pleadings were not yet closed in this case. It was not a case "appearing on an assignment list for final adjudication," and, therefore, it should not have been dismissed without a hearing on the matter, as required by Practice Book 251. Since a review of the record indicates that no hearing was held prior to dismissal of the case, the trial court's judgment of dismissal cannot stand.