Opinion
(3289)
Argued May 15, 1985
Decision released July 9, 1985
Action to foreclose tax liens on property owned by the named defendant et al., and for other relief, brought to the Superior Court in the judicial district of windham, where the court, Tamborra, J., granted the plaintiff's motion for summary judgment and rendered judgment of strict foreclosure, from which the defendant George R. Macri et al. appealed to this court. Error; further proceedings.
George R. Macri, pro se, with whom, on the brief, was Julia S. Macri, pro se, the appellants (defendant George R. Macri et al.).
John A. Wall, with whom, on the brief, was Susan B. Flanders, for the appellee (plaintiff).
The trial court rendered a judgment of strict foreclosure on the plaintiff town's tax lien foreclosure action brought pursuant to General Statutes 12-181. This judgment was rendered after the plaintiff moved for summary judgment against the defendants George R. Macri and Julia S. Macri, which the trial court granted. The plaintiff conceded at oral argument, and the record discloses, that a reply to the special defense interposed by those defendants had not been filed when the trial court decided the motion. Practice Book 379 provides that a party may not move for summary judgment against any party to which the motion is directed until the pleadings are closed as to those parties. See Doublewal Corporation v. Toffolon, 195 Conn. 384, 391, 488 A.2d 444 (1985). The trial court here granted the motion for summary judgment before the pleadings were closed.
The other defendants in this action were defaulted for failure to appear or for failure to disclose a defense or for failing to plead. Thereafter, judgment against those defendants was sought and granted.