Opinion
No. 19289.
02-17-2015
DEUTSCHE BANK NATIONAL TRUST COMPANY, Trustee v. Manuel J. PEREZ et al.
Gerald L. Garlick, with whom, on the brief, was James M. Sconzo, John C. Pitblado and John W. Herrington, Hartford, for the appellant (plaintiff). Christopher G. Brown, for the appellees (named defendant et al.).
Gerald L. Garlick, with whom, on the brief, was James M. Sconzo, John C. Pitblado and John W. Herrington, Hartford, for the appellant (plaintiff).
Christopher G. Brown, for the appellees (named defendant et al.).
ROGERS, C.J., and PALMER, ZARELLA, EVELEIGH, McDONALD, ESPINOSA and VERTEFEUILLE, Js.
Opinion
PER CURIAM.In this certified appeal, the plaintiff, Deutsche Bank National Trust Company, as trustee for HarborView Mortgage Loan Trust, appeals from the judgment of the Appellate Court reversing the judgment of the trial court and remanding the case to that court with direction to render judgment in favor of the defendants, Manuel J. Perez, and his wife, Janet W. Shaw, on the reformation count, and in favor of Shaw on the foreclosure count. Deutsche Bank National Trust Co. v. Perez, 146 Conn.App. 833, 844, 80 A.3d 910 (2013). We granted the plaintiff's certification to appeal limited to the following issue: “Did the Appellate Court properly determine that the trial court lacked the authority to reform the mortgage deed in this case?” Deutsche Bank National Trust Co. v. Perez, 311 Conn. 924, 86 A.3d 1058 (2014). On appeal, the plaintiff contends that the Appellate Court incorrectly concluded that the trial court improperly reformed the mortgage on the basis of the record before it. The Appellate Court held that the trial court lacked clear, substantial and convincing evidence to support the trial court's reformation of the mortgage by adding another party to the mortgage. Deutsche Bank National Trust Co. v. Perez, supra, 146 Conn.App. at 843, 80 A.3d 910.
After examining the entire record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was improvidently granted.
The appeal is dismissed.