Decided October 30, 1985 The plaintiffs' petition for certification for appeal from the Appellate Court, 5 Conn. App. 417, is denied. Wesley W. Horton, in support of the petition.

She acknowledges that a trial court may belatedly open only "a judgment rendered without subject matter jurisdiction," but maintains that this exception does not extend to lack of personal jurisdiction for improper service of process, if such existed here. Additionally, the plaintiff maintains that she did not waive her right to bring this appeal contesting the opening of the judgment which she sought to reinstate by declining to proceed to trial and thereby suffering a dismissal of her action under Practice Book 251. See Purcell v. Slagle, 5 Conn. App. 417, 498 A.2d 144, cert. denied, 197 Conn. 816, 500 A.2d 1336 (1985). The plaintiffs citation of Misinonile v. Misinonile, 190 Conn. 132, 459 A.2d 518 (1983), in support of this claim is misplaced.

Implicit in the dismissal was a waiver of the prior ruling of the court on the motion to strike the complaint. Purcell v. Slagle, 5 Conn. App. 417, 421, 498 A.2d 144 (1985).

(Emphasis added.) Purcell v. Slagle, 5 Conn. App. 417, 421, 498 A.2d 144, Grier v. West Haven Police Department, supra, 8 Conn. App. 143. Furthermore, orders similar to a temporary injunction, such as a temporary restraining order, are "interlocutory in character and . . . become inoperative and terminate with the rendition of the final judgment."

A dismissal under 251 "allows the plaintiffs to reinstitute their action." Purcell v. Slagle, 5 Conn. App. 417, 421 (1985). The use of the term "reinstitute" implies that the dismissed action is terminated and no longer a live controversy.