Opinion
(SC 16445)
Argued November 30, 2001
Officially released December 25, 2001
Action to foreclose a mortgage on certain real property owned by the named defendant et al., brought to the Superior Court in the judicial district of Litchfield, where the court, Hon. Walter M. Pickett, Jr., judge trial referee, exercising the powers of the Superior Court, rendered judgment of foreclosure by sale and set a date for the sale of the property; thereafter, a foreclosure sale was held by a committee appointed to handle the sale and the court, Sheedy, J., granted the motion filed by the committee for acceptance of its report recommending the approval of the sale and conveyance to the highest bidder, and the named defendant and the defendant United States Internal Revenue Service filed separate appeals to the Appellate Court, where Jonathan M. Jadow intervened as a party defendant in each appeal; subsequently, the court, Spear, Zarella and Hennessy, Js., rendered judgment affirming the trial court's judgment, and the named defendant et al., on the granting of certification, appealed to this court. Appeal dismissed.
Jeanine M. Dumont, with whom, on the brief, was Steven H. Levy, for the appellants (named defendant et al.).
Joseph P. Secola, for the appellee (plaintiff).
James K. Filan, Jr., assistant United States attorney, with whom, on the brief, was John A. Danaher III, United States attorney, for the appellee (defendant United States Internal Revenue Service).
William C. Franklin, for the appellee (intervening defendant Jonathan M. Jadow).
Opinion
In this mortgage foreclosure action, we granted the petition of the defendants John D. Mulville, Jr., and Anne B. Mulville to appeal from the judgment of the Appellate Court affirming the trial court's judgment approving the foreclosure sale. New Milford Savings Bank v. Mulville, 60 Conn. App. 901, 759 A.2d 1058 (2000). After examining the record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was improvidently granted.
We granted the petition for certification to appeal limited to the following issue: "Did the Appellate Court properly affirm the judgment of the trial court affirming the foreclosure sale?" New Milford Savings Bank v. Mulville, 255 Conn. 922, 763 A.2d 1043 (2000).