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Holyoke Mutual Insurance v. Papa

Appellate Court of Connecticut
Dec 22, 1987
534 A.2d 917 (Conn. App. Ct. 1987)

Opinion

(5234)

Argued December 9, 1987

Decision released December 22, 1987

Application for an order directing the taking of depositions in connection with an underinsured motorist arbitration proceeding, brought to the Superior Court in the judicial district of New Haven, where the court Levine, J., granted the defendants' motion for a protective order barring the taking of the requested depositions, from which the plaintiff appealed to this court; thereafter, the court, Fracasse, J., granted the plaintiff's motion for judgment and rendered judgment for the defendants, from which the plaintiff filed an amended appeal. Appeal dismissed.

John W. Lemega, with whom was John B. Farley, for the appellant (plaintiff).

Wesley W. Horton, with whom were Anthony Apicella, and, on the brief, John W. Ranucci, law student intern, for the appellees (defendants).


On June 30, 1986, the plaintiff filed an appeal from an order of the trial court granting the defendants' motion for a protective order. On August 29, 1986, the plaintiff amended its appeal to include a claim that the trial court erred in granting the defendants' motion for judgment on August 25, 1986. Because we find that the trial court's order granting the defendants' motion for a protective order was not an appealable final judgment we dismiss the case for lack of jurisdiction. State v. Curcio, 191 Conn. 27, 31, 463 A.2d 566 (1983); American Factors, Inc. v. Foreign Intrigue, Inc., 6 Conn. App. 656, 658, 506 A.2d 1085, cert. denied, 201 Conn. 802, 513 A.2d 696 (1986) (when an appeal is jurisdictionally defective the defect cannot be cured by an amended appeal filed after judgment has entered).


Summaries of

Holyoke Mutual Insurance v. Papa

Appellate Court of Connecticut
Dec 22, 1987
534 A.2d 917 (Conn. App. Ct. 1987)
Case details for

Holyoke Mutual Insurance v. Papa

Case Details

Full title:HOLYOKE MUTUAL INSURANCE COMPANY IN SALEM v. KENNETH E. PAPA ET AL

Court:Appellate Court of Connecticut

Date published: Dec 22, 1987

Citations

534 A.2d 917 (Conn. App. Ct. 1987)
534 A.2d 917

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