Opinion
(4835)
Submitted on briefs February 9, 1987
Decision released March 10, 1987
* Superseded. See 11 Conn. App. 211, 525 A.2d 989 (1987).
Action to quiet title, and for other relief, brought to the Superior Court in the judicial district of Middlesex, where the court, Hale, J., granted the defendants' motion to discharge the lis pendens filed against certain of their real property, and the plaintiffs appealed to this court. Appeal dismissed.
Michael F. Dowling and Jule A. Crawford filed a brief for the appellants (plaintiffs).
Charles M. Rice, Jr., filed a brief for the appellees (defendants).
The plaintiffs appeal from the trial court's discharge of a lis pendens which had been filed against real property owned by the defendants pursuant to General Statutes 52-325.
On January 6, 1986, after a hearing held in accordance with General Statutes 52-325a, the trial court found no probable cause to sustain the lis pendens and granted the defendants' motion to discharge it. General Statutes 52-325c (b) provides in pertinent part: "No appeal shall be taken from such order except within seven days thereof." The plaintiffs' appeal, therefore, absent a proper extension of time to file an appeal, should have been filed on or before January 13, 1986. The plaintiffs did not file this appeal until January 21, 1986. "`"The right of appeal is purely statutory and is accorded only if the conditions fixed by statute and the rules of court for taking and prosecuting the appeal are met."'" DeTeves v. DeTeves, 202 Conn. 292, 295, 520 A.2d 608 (1987). Since this appeal is not timely, it is dismissed.