Such an order is not a final judgment. See, e.g., Burdick v. United States Finishing Co., 128 Conn. 284, 288-89, 22 A.2d 629 (1941); Luliewicz v. Eastern Malleable Iron Co., 126 Conn. 522, 524, 12 A.2d 779 (1940)." Schieffelin Co. v. Dept. of Liquor Control, supra, 410.
Such an order is not a final judgment. See, e.g., Burdick v. United States Finishing Co., 128 Conn. 284, 288-89, 22 A.2d 629 (1941); Luliewicz v. Eastern Malleable Iron Co., 126 Conn. 522, 524, 12 A.2d 779 (1940)." (Internal quotation marks omitted.)
Without dictating the outcome of the further administrative proceedings, the [trial] court may insist on further administrative evidentiary findings as a precondition to final judicial resolution of all the issues between the parties. . . . Such an order is not a final judgment. See, e.g., Burdick v. United States Finishing Co., 128 Conn. 284, 288-89, 22 A.2d 629 (1941); Luliewicz v. Eastern Malleable Iron Co., 126 Conn. 522, 524, 12 A.2d 779 (1940)." Schieffelin Co. v. Dept. of Liquor Control, supra, 410.
Such an order is not a final judgment. See, e.g., Burdick v. United States Finishing Co., 128 Conn. 284, 288-89, 22 A.2d 629 (1941); Luliewicz v. Eastern Malleable Iron Co., 126 Conn. 522, 524, 12 A.2d 779 (1940). The present appeal closely resembles the category of cases in which, because the administrative record is incomplete, appellate review of a judicial order of administrative remand is premature.
Batesville v. Ball, 100 Ark. 496, 500, 140 S.W. 712.' State v. Kemp, [ 124 Conn. 639, 643, 1 A.2d 761]." Luliewicz v. Eastern Malleable Iron Co., 126 Conn. 522, 525, 12 A.2d 779. Since the lack of a final judgment is a jurisdictional defect, the appeal must be dismissed. Sewer Commission v. Norton, 164 Conn. 2, 6, 316 A.2d 775; Cone v. Darrow, 148 Conn. 109, 112, 167 A.2d 852; Costecski v. Skarulis, 103 Conn. 762, 763, 131 A. 398.
The granting of a motion to open a judgment is an interlocutory ruling reviewable upon an appeal from the final judgment. Luliewicz v. Eastern Malleable Iron Co., 126 Conn. 522, 12 A.2d 779; State v. Kemp, supra. In Connecticut Mortgage Title Guaranty Co. v. DiFrancesco, 112 Conn. 673, 674, 151 A. 491, cited by the plaintiff, we were speaking of the right to review such orders, not the procedure by which they could be presented to us.
In the opinion we pointed out that in such a situation it was proper to enter a judgment sustaining the appeal with an appropriate direction for further proceedings by the commissioner, but if the commissioner had merely failed to take some step requisite properly to present the issue, a motion should be made to the court that he be ordered to do what was necessary; that the proceedings in the case were such as should have eventuated in a judgment; but that the court did not take this course, and in fact rendered no judgment; that therefore no appeal lay; and that if the court committed error in making the order that it did, this could only be presented upon as appeal from the final judgment rendered in the action. The case most in point upon the question before us Luliewicz v. Eastern Malleable Iron Co., 126 Conn. 522, 12 A.2d 779. In that case the commissioner, upon the ground of newly discovered evidence, opened an award denying compensation.
Without dictating the outcome of the further administrative proceedings, the [trial] court may insist on further administrative evidentiary findings as a precondition to final judicial resolution of all the issues between the parties. . . . Such an order is not a final judgment. See, e.g., Burdick v. United States Finishing Co., 128 Conn. 284, 288-89, 22 A.2d 629 (1941); Luliewicz v. Eastern Malleable Iron Co., 126 Conn. 522, 524, 12 A.2d 779 (1940).' Schieffelin Co. v. Dept. of Liquor Control, [ 202 Conn. 405, 410, 521 A.2d 566 (1987)].
(Italics supplied.) See also Guerin v. Norton, 167 Conn. 282, 283; Luliewicz v. Eastern Malleable Iron Co., 126 Conn. 522, 525. The issues here have not been determined in such a manner that it is beyond the power of the court to alter its decision.
Thus, there now exists no final judgment below. Luliewicz v. Eastern Malleable Iron Co., 126 Conn. 522 (1940) We, therefore, vacate both appeals and remand this matter to the trial Commissioner for further proceedings.