DocketNumber: 13071
Citation Numbers: 34 Conn. App. 121
Filed Date: 4/12/1994
Status: Precedential
Modified Date: 9/8/2022
This is a foreclosure action brought by the plaintiff city of Danbury against the defendants, Jorman M. Hovi and Joan L. Hovi.
In its complaint, the plaintiff sought foreclosure of several municipal tax, sewer and water liens. On October 20, 1993, the plaintiff moved for summary judgment. The trial court granted the plaintiffs motion on November 15, 1993. In its order, the trial court indicated that summary judgment was “granted as to liability only.” The court also ordered that the case be “assign[ed] for findings on debt and entering of foreclosure judgment.” On December 3,1993, the defendant appealed from the entry of summary judgment.
The trial court’s order granting summary judgment clearly reveals that the amount of debt owed to the plaintiff, as well as whether the foreclosure should be strict or by sale, has not yet been determined. In Essex Savings Bank v. Frimberger, 26 Conn. App. 80, 597
“The lack of final judgment is a threshold question that implicates the subject matter jurisdiction of this court.” Schick v. Windsor Airmotive Division/Barnes Group, 31 Conn. App. 819, 822, 627 A.2d 478 (1993), citing Walton v. New Hartford, 223 Conn. 155, 162 n.9, 612 A.2d 1153 (1992). Because this appeal was not taken from a final judgment, it must be dismissed. Stroiney v. Crescent Lake Tax District, 197 Conn. 82, 86, 495 A.2d 1063 (1985).
The plaintiff’s motion to dismiss the appeal is granted.
While the plaintiff’s complaint names other defendants, they are not parties to this appeal. When certain of the liens were due and payable, Jorman M. Hovi and Joan L. Hovi were the record owners of the subject property. In 1986, however, the defendant Jorman M. Hovi, as trustee, became the record owner of the property. Therefore, we refer to Jorman M. Hovi as the defendant.