From Casetext: Smarter Legal Research

Gates v. Gates

Appellate Court of Connecticut
Jun 23, 2009
115 Conn. App. 293 (Conn. App. Ct. 2009)

Opinion

(AC 30249)

Argued April 21, 2009

Officially released June 23, 2009

Procedural History

Appeal from the decision of the Probate Court for the district of Milford granting the named defendant's application for an order imposing a constructive trust on certain real property, brought to the Superior Court in the judicial district of Ansonia-Milford, where the court, Tyma, J., granted the defendants' motion to dismiss and rendered judgment thereon, from which the plaintiff appealed to this court. Affirmed.

Robert H. Boynton, for the appellant (plaintiff).

Steven D. Ecker, with whom, on the brief, was Gavin F. Meehan, for the appellees (defendants).


Opinion


The plaintiff, Richard Gates, appeals from the judgment of the trial court dismissing his appeal from the judgment of the Probate Court. On appeal, the plaintiff claims that the court improperly concluded that it was without subject matter jurisdiction over the appeal due to the plaintiff's failure to file his complaint with the Superior Court within thirty days of the mailing of the Probate Court's memorandum of decision, as required by General Statutes § 45a-186 (a).

After examining the record on appeal and considering the briefs and the arguments of the parties, we conclude that the judgment of the trial court should be affirmed. Because the court's memorandum of decision resolves properly the issue raised in this appeal, we adopt the court's concise and well reasoned decision as a statement of the facts and the applicable law on the issue. See Gates v. Gates, 51 Conn. Sup. 148, A.2d (2008). Any further discussion by this court would serve no useful purpose. See, e.g., Socha v. Bordeau, 289 Conn. 358, 362, 956 A.2d 1174 (2008).

The judgment is affirmed.


Summaries of

Gates v. Gates

Appellate Court of Connecticut
Jun 23, 2009
115 Conn. App. 293 (Conn. App. Ct. 2009)
Case details for

Gates v. Gates

Case Details

Full title:RICHARD GATES v. ESLA EUGENE GATES ET AL

Court:Appellate Court of Connecticut

Date published: Jun 23, 2009

Citations

115 Conn. App. 293 (Conn. App. Ct. 2009)
971 A.2d 852

Citing Cases

Wysocki v. Bank of America, N.A.

See, e.g., In re Probate Appeal of Red Knot Acquisitions, LLC, 147 Conn.App. 39, 42, 80 A.3d 594 (2013);…

Riether v. Perrotti

The plain text of the amended statute does not suggest that appellants cannot amend their complaints to…