Retained Realty, Inc. v. LeComte

Citations

• 215 Conn. App. 741

Syllabus

The plaintiff sought to foreclose a mortgage on certain real property owned by the named defendant, L. Following the trial court's rendering of a judgment of foreclosure by sale, L filed, with the consent of the plaintiff, a motion to open the judgment to convert it to a judgment of strict foreclosure pursuant to certain terms and conditions set forth in a stipulation filed by the parties with the court. The court granted the motion to open, approved the stipulation, and rendered a judgment of strict foreclosure. After the law days had passed without redemption and title to the property vested in the plaintiff, the plaintiff filed an application for an execution of ejectment, naming L and her two adult children as the persons in possession of the property. The court clerk issued an order rejecting the application on the ground that it included persons who were not named as parties in the foreclosure action. The plaintiff filed a motion to reargue the clerk's rejection of its application, which the court denied, concluding, inter alia, that permitting the ejectment to proceed against L's adult children would deprive them of due process. The plaintiff subsequently appealed to this court, claiming that the trial court erred in denying its motion to reargue the clerk's rejection of its application for an execution of ejectment. Following oral argument before this court but before this court rendered its judgment, the plaintiff obtained from the trial court an execution of ejectment in this action as to L and an execution of ejectment in an omitted party action as to L's adult children. This court thereafter ordered supplemen- tal briefing on the issue of mootness. Held that the plaintiff's claim was moot, and its appeal was dismissed for lack of subject matter jurisdiction: because, during the pendency of this appeal, the plaintiff obtained the very relief it requested in its appeal, there was no practical relief that could be afforded to the plaintiff; moreover, the pl