DocketNumber: No. CV00 0081813 S
Citation Numbers: 2003 Conn. Super. Ct. 2222
Judges: DIPENTIMA, JUDGE.
Filed Date: 2/13/2003
Status: Non-Precedential
Modified Date: 7/5/2016
Under statutory authority and rules of the court, the court may open a judgment of nonsuit or upon default within four months of the date notice was sent. P.B. §
At the hearing on their motion, the plaintiffs argued that the decision of the court on May 20, 2002 was erroneous for a number of reasons. They did not argue that notice of the nonsuit was improperly sent. The plaintiffs' attorney, with admirable candor, acknowledged receipt of the notice. While there was a suggestion of waiver on the part of the defendants, this was simply based upon the defendants' appearance at a court-ordered pretrial subsequent to the entry of the nonsuit. Waiver, however, is "the intentional relinquishment or abandonment of a known right or privilege." (Internal quotation marks omitted.) Brown v.Employer's Reinsurance Corp. ,
Because the plaintiffs' motion was filed more than four months after notice of the nonsuit was sent and no waiver exists, the court has no authority to address the merits of the plaintiffs' motion. Opoku v.Grant,
For the foregoing reasons, the motion to open the judgment of nonsuit is denied.
DiPentima, J. CT Page 2224