Opinion
(7759)
Argued January 19, 1990
Decision released January 31, 1990
Action for the partition of certain commercial real property, and for other relief, brought to the Superior Court in the judicial district of New Haven, where the named defendant filed a cross complaint against the defendant Reva Goode et al.; thereafter, the matter was tried to the court, Hodgson, J.; judgment approving the sale of the subject property and entering a nonsuit on the cross complaint, and appeal by the named defendant to this court. No error.
Ronald J. Habansky, for the appellant (named defendant).
Janet C. Hall, with whom was Frances Erlichson, for the appellees (defendant Reva Goode et al.).
We have fully reviewed the record, transcripts and briefs in this matter. We find nothing that supports the argument that, under the facts of this case, the trial court abused its discretion in dismissing the named defendant's cross complaint for his failure to appear and prosecute and for his failure to present evidence after being given an opportunity to do so. Nor do we find support for the argument that the trial court abused its discretion in refusing to open the dismissal. Levy v. Levy, 14 Conn. App. 801, 802, 539 A.2d 1042, cert. denied, 208 Conn. 803, 545 A.2d 1100 (1988).