Shear v. Shear

Citations

• 194 Conn. App. 351

Syllabus

The plaintiff, whose marriage to the defendant previously had been dis- solved, appealed to this court from the judgment of the trial court affirming in part an order of a family support magistrate with respect to his motion for modification of his child support obligation and remanding the case for further proceedings. Held that the plaintiff's appeal from the order of the family support magistrate was not taken from a final judgment, which is a threshold requirement to appeal the order to the Superior Court, and, therefore, the trial court should have dismissed the appeal for lack of subject matter jurisdiction, rather than resolving it on the merits; the family support magistrate did not fully dispose of the plaintiff's motion for modification, as he addressed only the first claim set forth in the motion and remanded the second claim pertaining to a certain stipulation between the parties to the family support magistrate for further proceedings, and, as evinced by certain additional proceedings before another family support magistrate and a resulting appeal to the Superior Court, the magistrate's order neither terminated a separate and distinct proceeding nor concluded the rights of the parties so that further proceedings could not affect them. Argued May 16—officially released November 19, 2019