DocketNumber: No. CV 930532510
Citation Numbers: 1995 Conn. Super. Ct. 9112, 15 Conn. L. Rptr. 200
Judges: WAGNER, J.
Filed Date: 8/11/1995
Status: Non-Precedential
Modified Date: 7/5/2016
It is well settled that courts have an inherent power to open, correct and modify judgments. Batory v. Bajor,
Our Supreme Court has condoned the practice of requesting CT Page 9113 that a case withdrawn upon settlement, prior to the execution of a settlement agreement, be restored to the docket if problems arise, provided the request is made during the four months that the court maintains jurisdiction. Audubon Parking Associates,Ltd. Partnership v. Barclay Stubbs, Inc.,
Defendants argue in their memorandum in opposition that the act or omission of counsel is not a proper ground for restoring an action to the docket and that "absent a show of good cause and the statutory grounds of mistake, accident or fraud under General Statutes §
Plaintiffs' motion to have this case restored to the docket was filed well within the four month time period allowed under General Statutes §
The record reflects that on April 10, 1995, shortly after the plaintiffs filed a its withdrawal they also filed a three count, second revised complaint against defendant Sara Knight only, clearly indicating an intention to continue the case against Knight.
Since it appears that a genuine mistake was made and the defendant Knight has not suffered any prejudice because of the mistaken withdrawal, the Motion for Reinstatement is granted in order for plaintiffs to file a corrected withdrawal.