DocketNumber: No. CV 330618
Citation Numbers: 1996 Conn. Super. Ct. 5252-R
Judges: BALLEN, J.
Filed Date: 8/5/1996
Status: Non-Precedential
Modified Date: 7/5/2016
Annexed to the complaint is the sheriff's return of process, which states that although the sheriff made a diligent search, he was unable to find the defendant at 137 Clapboard Ridge Road, Danbury, Connecticut, the address on file at the Commissioner of Motor Vehicles. Additionally, the sheriff's return states that on February 23, 1996, the sheriff made service on the defendant by leaving a copy of the writ, summons and complaint at the Office of the Commissioner of Motor Vehicles, and by mailing a copy of the same to the defendant, by certified mail with return receipt requested.
On March 29, 1996, the defendant filed a timely motion to dismiss the plaintiff's complaint for lack of personal jurisdiction. On June 27, 1996, the plaintiff objected to the motion to dismiss and filed a memorandum of law in opposition. The parties filed supplemental memoranda in support of their positions.
On July 24, 1996, the court conducted an evidentiary hearing. The defendant testified that in February 1995, he resided at 137 Clapboard Ridge Road, and that, although he temporarily resided elsewhere, he always intended to return to this address. He also testified that 137 Clapboard Ridge Road was always his mailing address as well as the address on file with the Department of Motor Vehicles. Additionally, the defendant testified the police report concerning the subject accident listed his address as 137 Clapboard Ridge Road.
Sheriff Fennel testified that in February 1995, he attempted to serve the defendant at 137 Clapboard Ridge Road but CT Page 5252-T there was nobody present at that address. The sheriff also testified that he contacted SNET to obtain a listing for the defendant, but that SNET had no listing for a Joseph Coleman at 137 Clapboard Ridge Road. Finally, the sheriff testified that he stopped at the address twice on the same day, finding nobody there.
"A motion to dismiss is the appropriate vehicle for challenging the jurisdiction of the court. Practice Book § 142." Zizka v. Water Pollution Control Authority,
The defendant argues that this court does not have personal jurisdiction over him because the plaintiff failed to effect proper service under General Statutes §
General Statutes §
The defendant argues that §
In opposing this motion, the plaintiff relies upon the sheriff's return and the sheriff's affidavit. In his affidavit, the sheriff states that he made a diligent effort to serve the defendant at 137 Clapboard Ridge Road, Danbury, Connecticut, but was unable to complete service. In his return, the sheriff indicates that he was unable to complete service because he could not find the defendant.
The sheriff has made it clear through his return and affidavit that in-hand service was not possible because the defendant could not be found at 137 Clapboard Ridge Road. Nevertheless, §
"`Abode' for purposes of General Statutes §
The Commissioner of Motor Vehicles listed the defendant's address as 137 Clapboard Ridge Road. The police report also contained this address. The defendant testified that he presently resides at 137 Clapboard Ridge Road and that he resided there at the time of the accident and at the time of service. The defendant also testified that although he temporarily resided elsewhere, he still received his mail at 137 Clapboard Ridge Road and that he always intended to return there. The fact that SNET did not have a listing for the defendant has no impact on whether 137 Clapboard Ridge Road is his abode. CT Page 5252-V
When service was made in February 1995, the defendant maintained a place of abode at 137 Clapboard Ridge Road, Danbury, Connecticut, and accordingly, abode service was not impossible. "A statute such as §
BALLEN, J.