Summary
noting that "[w]hether to grant a motion to open rests in the discretion of the trial court" and holding that court did not abuse discretion in denying motion to open judgment of foreclosure by sale
Summary of this case from First Connecticut Capital, LLC v. Homes of Westport, LLCOpinion
(AC 18499)
Submitted on briefs April 25, 2000
Officially released June 27, 2000
Action to foreclose a mortgage on certain real property, brought to the Superior Court in the judicial district of Fairfield and tried to the court, Thim, J.; judgment of foreclosure by sale; thereafter, the court, Mottolese, J., denied the named defendant's motion to open the judgment and extend the sale date, and the named defendant appealed to this court; subsequently, this court granted the motion to substitute Laurelbrook I Associates, LLC, as the plaintiff. Affirmed.
Howard A. Lawrence and W. Bradley Morehouse filed a brief for the appellant (named defendant).
Matthew B. Woods filed a brief for the appellee (substitute plaintiff).
Opinion
In this mortgage foreclosure action, the owner of the equity of redemption appeals from the trial court's denial of her motion to reopen the judgment and to extend the sale date. Whether to grant a motion to open rests in the discretion of the trial court. Hartford Federal Savings Loan Assn. v. Stage Harbor Corp., 181 Conn. 141, 143, 434 A.2d 341 (1980). The court did not abuse its discretion in this case.