Opinion
(2323)
Argued October 14, 1983
Decision released December 20, 1983
Action for the foreclosure of a judgment lien and for other relief, brought to the Superior Court in the judicial district of Hartford-New Britain at Hartford and tried to the court, Brennan, J.; judgment of foreclosure and appeal by the named defendant. Appeal dismissed.
Jason E. Pearl, with whom, on the brief, was Alan L. Robertson, Jr., for the appellant (named defendant).
Richard S. Scalo, with whom, on the brief, were Abraham I. Gordon and Ronald Japha, for the appellee (plaintiff).
William J. Sweeney, Jr., for the appellee (defendant Frank E. Hess).
By writ dated September 7, 1976, the plaintiff brought suit seeking, among other remedies foreclosure of a judgment lien on the real property of the defendant Genevieve Henderson. The case was nonsuited on September 15, 1980, for the failure of the plaintiff's counsel to appear at a pretrial hearing. The plaintiff moved to set aside the nonsuit. On October 6, 1980, the court, N. O'Neill, J., granted the motion. The order stated that the motion is "granted upon payment of $10 costs to Donald J. Henderson by the plaintiff."
By amended complaint and with permission of the court, the plaintiff cited in Donald J. Henderson as a party defendant who, along with the named defendant, holds legal title to the subject premises. Also named as defendants were certain creditors of Genevieve and Donald Henderson.
A judgment, however, was never entered on the nonsuit.
The foreclosure action proceeded to hearing, after which the court, Brennan, J., on January 20, 1981, rendered judgment of foreclosure by sale with the sale date set for July 18, 1981. Ten days before the scheduled sale date, the defendant Genevieve Henderson filed a motion to open the judgment of foreclosure for lack of jurisdiction, claiming that the order of nonsuit has remained in effect since the plaintiff never paid the defendant Donald Henderson ten dollars for costs. The motion was denied. Genevieve Henderson took exception to the ruling and filed this appeal.
This appeal, originally filed in the Appellate Session of the Superior Court, was transferred to the Supreme Court, and was thereafter transferred to this court. Public Acts, Spec. Sess., June, 1983, No. 83-29, 2(c).
While her appeal was being pursued in this court, the Superior Court for the judicial district of Hartford-New Britain at New Britain, Dorsey, J., heard the matter of Savings Loan Association of Southington, Inc. v. Henderson, No. 82-0405684, and rendered, in favor of the first mortgage holder, a judgment of foreclosure of the real property at issue in the present appeal. The premises were sold at public auction on October 1, 1982, and conveyed to the successful bidder on November 9, 1982. Neither party here on appeal made claim to the sale proceeds which were distributed by the court on October 23, 1983.
On this state of the record, the first issue we must address is whether the present litigation has been rendered moot. It is well settled that the existence of an actual controversy is essential for appellate jurisdiction.
See Waterbury Hospital v. Connecticut Health Care Associates, 186 Conn. 247, 249, 440 A.2d 310 (1982); Connecticut Foundry Co. v. International Ladies Garment Workers Union, 177 Conn. 17, 19, 411 A.2d 1 (1979); Reynolds v. Vroom, 130 Conn. 512, 515 36 A.2d 22 (1944). As we recently stated in Groesbeck v. Sotire, 1 Conn. App. 66, 68, 467 A.2d 1245 (1983), "[t]his court will not entertain academic questions." An actual controversy must exist, not only at the time the appeal is taken, but also throughout the pendency of the appeal. Southbury v. American Builders, Inc., 162 Conn. 633, 634, 295 A.2d 566 (1972).
The foreclosure sale subsequent to the filing of this appeal has rendered moot any controversy existing between the parties. The plaintiff's judgment lien was extinguished by the mortgage foreclosure sale and the defendant can no longer prevent that which has already occurred. A decision on the merits would not result in either actual relief or practical relief to the parties.