Crossing Condominium Assn., Inc. v. Miller

Syllabus

The defendant, in two separate appeals, appealed from the judgment of the trial court denying her motion to open and vacate the judgment of foreclosure rendered for the plaintiff condominium association in connection with a statutory lien (§ 47-258) for unpaid common assessments, and from the judgment of foreclosure by sale rendered by the trial court for the plaintiff bank in a mortgage foreclosure action. The defendant claimed in each appeal, inter alia, that the trial court abused its discretion. Held: The trial court did not abuse its discretion in denying the defendant's motion to open and vacate the judgment of foreclosure by sale in the lien foreclosure action, as an erroneous statement in the court's written orders was a scriven- er's error and was not raised or discussed during the lien foreclosure pro- ceeding. The trial court did not abuse its discretion in ordering a judgment of foreclo- sure by sale in the mortgage foreclosure action; contrary to the defendant's claim, the sale of the property to the bank in connection with the lien foreclosure action was never approved by the court, as the committee for sale withdrew its motion to approve the sale due to the pendency of the defendant's appeal to this court in the lien foreclosure action. Argued May 30—officially released October 1, 2024