Ciarleglio v. Martin

Citations

• 228 Conn. App. 241

Syllabus

The defendant appealed from the judgment of the trial court granting an annulment of her marriage to the decedent. The defendant claimed, inter alia, that the trial court lacked subject matter jurisdiction because the substitute plaintiff, the administrator of the decedent's estate, lacked standing to con- tinue the annulment action after the decedent's death. Held: The trial court did not lack subject matter jurisdiction over the action pursuant to statute (§ 52-599 (a)). The exception set forth in § 52-599 (c) (1) was inapplicable to the circum- stances presented by this case as the annulment action was not rendered useless by the death of the decedent, the administrator of his estate having had a legitimate fiduciary interest in establishing the identity of the rightful heirs as well as a duty to carry out the wishes of the decedent. The plaintiff's continuation of the action to annul the marriage following the death of the decedent did not constitute an impermissible collateral attack on a legally valid marriage. The defendant failed to preserve her claim, and induced any error, with respect to the applicable standard of proof and could not prevail under the plain error doctrine. Argued January 8—officially released September 24, 2024