Opinion
03-01-2023
Susanne P. WAHBA v. JPMORGAN CHASE BANK, N.A.
Thomas P. Willcutts, in support of the petition. Brian D. Rich, in opposition.
Thomas P. Willcutts, in support of the petition.
Brian D. Rich, in opposition.
The plaintiff's petition for certification to appeal from the Appellate Court, 216 Conn. App. 236, 283 A.3d 1095 (2020), is granted, limited to the following issues:
"1. Did the Appellate Court properly uphold the trial court's determination that the trial court was precluded on remand from ordering a foreclosure by sale after the Appellate Court had previously affirmed a judgment of strict foreclosure and remanded the case to the trial court ‘solely for the purpose of setting new law days.’ Wahba v. JPMorgan Chase Bank, N.A., 200 Conn. App. 852, 869, 241 A.3d 706 (2020), cert. denied, 336 Conn. 909, 244 A.3d 562 (2021) ?
"2. If the answer to the first question is ‘no,’ did the Appellate Court correctly conclude that the plaintiff nonetheless could not prevail on appeal because, after remand, she did not file a motion to open the judgment to request a foreclosure by sale and failed to preserve her claim on appeal because she did not provide the trial court with an evidentiary foundation to support her argument that the market value of the property had increased in value by more than $2 million since the judgment of strict foreclosure was rendered?"