Rider v. Rider

Citations

• 210 Conn. App. 278

Syllabus

The plaintiff appealed to the Superior Court from the decree of the Probate Court approving the final account filed by the defendant. The Probate Court had mailed notice of its decree on December 22, 2017. Prior to filing his appeal with the Superior Court on March 2, 2018, the plaintiff filed a motion for revocation with the Probate Court on December 26, 2017, which the Probate Court denied on February 8, 2018. Thereafter, the Superior Court rendered judgment dismissing the appeal for lack of subject matter jurisdiction on the ground that it was untimely pursuant to the applicable statute ((Rev. to 2017) § 45a-186 (a)) that requires an appeal from a Probate Court decree to be filed in the Superior Court within forty-five days of when the decree was mailed to the parties. On appeal to this court, the plaintiff claimed that his motion for revocation tolled the appeal period. Held that the Superior Court properly dismissed the probate appeal for lack of subject matter jurisdiction on the ground that it was untimely: the plaintiff did not file his appeal with the Superior Court within forty-five days of when the Probate Court mailed its decree, and his motion for revocation, filed pursuant to statute (§ 45a-128), did not toll the appeal period for the Probate Court's underlying decision approving the final account, as the legislature clearly addressed tolling the appeal period in its statutory scheme governing appeals in probate cases and did not include the filing of a motion pursuant to § 45a-128 as an action that tolls the appeal period. Argued December 2, 2021—officially released January 25, 2022