Speer v. U.S. Bank Trust, N.A.

Citations

• 216 Conn. App. 506

Syllabus

The plaintiff sought to recover damages from the defendant bank for, inter alia, slander of title stemming from the bank's recording of a certificate of foreclosure on the land records relating to certain real property of which she was the record owner. The trial court granted the bank's motion to strike, concluding that count one, alleging slander of title, was insufficiently pleaded and that the other counts were time barred. The plaintiff subsequently filed a revised complaint, repleading her alle- gations of slander of title and violations of the Connecticut Unfair Trade Practices Act (CUTPA) (§ 42-110a et seq.). The plaintiff appealed to this court from the order granting the motion to strike, which dismissed the appeal for lack of a final judgment. The trial court thereafter granted the defendant's motion for judgment and rendered judgment thereon, concluding that the revised complaint did not include any new facts distinguishing the plaintiff's repleaded claims for slander of title and violations of CUTPA from the stricken ones. On the plaintiff's amended appeal, held that the plaintiff waived her right to appeal from the trial court's order striking the original complaint: the plaintiff's claim on appeal focused exclusively on alleged procedural infirmities in the motion to strike, alleging that it did not comply with Practice Book (2013) § 10-41 and was not directed to the operative complaint but did not claim that the revised complaint was materially different from the original complaint,, the repeated claims in the revised complaint were nearly identical to, and contained no materially different allegations in support of, those claims as set forth in the original complaint, and merely reiterating claims previously disposed of by the court did not constitute a material change; moreover, notwithstanding the plaintiff's claim that the trial court erred in granting the motion for judgment because an automatic appellate stay was in effect, no enforceable appel