Colchester Estate Ventures, LLC v. Madden

Citations

• 229 Conn. App. 811

Syllabus

The defendant tenant appealed from the trial court's denial of his motion to restore to the docket the summary process action filed against him and then subsequently withdrawn by the plaintiff landlord. He claimed that the court abused its discretion in denying his motion because he had acquired a vested right to litigate various allegations of malfeasance by the plain- tiff. Held: The trial court did not abuse its discretion in denying the defendant's motion to restore the action to the docket, as the only outstanding filing by the defendant on the docket at the time the plaintiff withdrew the action was the defendant's motion to dismiss and for summary judgment, which was purely defensive in character and which did not request affirmative relief or other redress, and, thus, the court lacked the authority to restore the case to the docket when the defendant, following the plaintiff's withdrawal, sought to revive the case to litigate requests for relief he had not made while the case was pending. Argued October 17—officially released December 24, 2024