Bank of New York Mellon v. Horsey

Citations

• 227 Conn. App. 94

Syllabus

Pursuant to the rule of practice (§ 61-11 (g)), ''[i]n any action for foreclosure in which the owner of equity has filed, and the court has denied, at least two prior motions to open or other similar motion, no automatic stay shall arise upon the court's denial of any subsequent contested motion by that party, unless the party certifies under oath, in an affidavit accompanying the motion, that the motion was filed for good cause arising after the court's ruling on the party's most recent motion. . . .'' The substitute plaintiff sought to foreclose a mortgage on certain real prop- erty owned by the defendants W and J. The trial court rendered a judgment of strict foreclosure, which W appealed to this court. This court affirmed the judgment and remanded the case for the purpose of setting new law days. W then filed his first motion to open and vacate the judgment of strict foreclosure, which the trial court denied. J appealed to this court, which affirmed the judgment and remanded the case for the purpose of setting new law days. The trial court denied W's second motion, captioned ''Motion for Judgment of Dismissal for Lack of Stand- ing and Lack of Subject Matter Jurisdiction,'' and W appealed to this court, which dismissed the appeal. The trial court denied W's third motion, captioned ''Motion for Void Judgment,'' and reset the law days. W and J then filed a motion to set aside the judgment resetting the law days. On the date the law days were set to commence, W and J filed the present appeal from the trial court's inaction on their motion to set aside the judgment. The next day, the trial court denied that motion, and W and J filed an amended appeal from that decision. Held that this court could not grant W and J any practical relief, and, accordingly, the appeal was dismissed as moot: W's first, second and third motions constituted ''at least two prior motions to open or other similar motion'' under the plain meaning of Practice Book § 61-11 (g) and, accordingly,