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

Citations

• 224 Conn. App. 867

Syllabus

The plaintiff bank sought, by way of a summary process action, to recover possession of certain real property from the defendants. The property had been subject to a strict foreclosure action, and ownership became absolute in the plaintiff after the law day had passed. The defendant parents, the former owners of the property, the defendant C, their adult daughter, and their son, D, continued to reside at the property after the law day had passed. A notice to quit was served on the parents and C. D was not served with notice because he was a minor at the time of service and service of a notice to quit possession on a minor was not required under the applicable statute (§ 47a-23 (c)). After this court affirmed the trial court's judgment of possession for the plaintiff, the defendants moved to open and dismiss the judgment for mootness and lack of subject matter jurisdiction. The defendants claimed that, because D, who continued to reside at the property, had turned eighteen years old, the plaintiff was required to have served a notice to quit on him. Because the notice to quit could not be retroactively amended to include D, the defendants claimed that the judgment of possession became invalid, as all adults presently residing at the property had not been properly served pursuant to § 47a-23 (c) before the judgment of posses- sion had been executed. The trial court denied the defendants' motion, finding that the notice to quit had been properly served on all adult occupants and the fact that D reached the age of majority after the judgment had been rendered did not cause the notice to quit to become defective. On the defendants' appeal to this court, held that this court lacked subject matter jurisdiction over the defendants' appeal as the defendants were not aggrieved by the denial of their motion to open and dismiss the judgment of possession: the defendants were not classically aggrieved by the trial court's decision denying their motion to open and dismiss the jud