DocketNumber: No. CV00-0063023S
Citation Numbers: 2000 Conn. Super. Ct. 5642
Judges: SFERRAZZA, JUDGE.
Filed Date: 5/9/2000
Status: Non-Precedential
Modified Date: 7/5/2016
This opinion addresses a preliminary question regarding the court's jurisdiction to afford habeas corpus relief while a Probate Court is conducting proceedings aimed at resolving the same issues. The court concludes that habeas corpus relief is unavailable under these circumstances.
It is undisputed that the petitioner's daughter, Vorceila Oliphant, petitioned the Windham Probate Court in October 1999 to be appointed conservatrix for Emerzian. Emerzian's sister-in-law, Florence Pollio, resists that appointment and claims that Emerzian conferred upon her authority to make medical care decisions for him by way of a durable power of attorney. The probate judge appointed an attorney to represent Emerzian in that proceeding, which is pending.
The petitioner has brought this habeas corpus action because the Probate Court is taking too long in resolving the matter, and she contends Emerzian wishes to leave the convalescent home.
Habeas Corpus is an extraordinary writ which presupposes that the person detained has exhausted all other remedies available, Amato v.Erskine,
The very issue raised in the present action was decided, in the context of the removal of a guardian for a minor, Selvaggi v. Lender,
The court adopts the holding of Selvaggi v. Lender, supra, for the following reasons. Permitting this habeas corpus action to go forward creates the very real possibility of inconsistent or incompatible findings and orders by the two courts. The inconvenience to parties and witnesses will be doubled. The expenses incurred will be unnecessarily exacerbated. The consumption of judicial resources will be unnecessarily increased. The permitting of parallel proceedings would encourage forum shopping by whichever party perceives that the probate proceedings might by unfavorable. CT Page 5644
Additionally, the Superior Court lacks jurisdiction over matters which are specifically within the jurisdiction of the Probate Courts, LaBellav. LaBella,
For these reasons, the court dismisses the application for writ of habeas corpus.
___________________ J. Sferraza, J.