Barton v. Barton

2 Citing cases

  1. Steve Viglione Sheet Metal Co. v. Sakonchick

    190 Conn. 707 (Conn. 1983)   Cited 128 times
    Noting court's inherent powers

    The defendant's claims regarding his attempt to file a motion to correct or to vacate and his failure to appear at the hearing on the motion to confirm the award were admittedly unchallenged by the plaintiff at the hearing on the motion to open judgment. While it is true that a judgment may be opened on the grounds of lack of notice or accidental failure to appear; Barton v. Barton, 123 Conn. 487, 491, 196 A. 141 (1937); see Practice Book 377; it does not follow that such circumstances mandate the opening of a judgment. A motion to open in order to permit a party to present further evidence need not be granted where the evidence offered is not likely to affect the verdict.

  2. Percy v. Lamar Cent. Outdoor, Llc.

    147 Conn. App. 815 (Conn. App. Ct. 2014)   Cited 8 times

    In light of the defendants' negligence, [the court] reasonably concluded that the defendants had failed to demonstrate good cause to set aside the default.”), with Patterson v. Travelers Casualty & Surety Co., 104 Conn.App. 824, 827, 936 A.2d 241 (2007) (defendant's failure to receive notice of date and time of pretrial conference constituted good cause for its nonappearance), cert. denied, 286 Conn. 920, 949 A.2d 481 (2008); see also Barton v. Barton, 123 Conn. 487, 489–91, 196 A. 141 (1937); Bohonnon Law Firm, LLC v. Baxter, supra, 131 Conn.App. at 381–82, 27 A.3d 384. The defendant also argues that the court's denials of its motion to open and motions for reconsideration were a denial of due process.