DocketNumber: No. CV 95 0067236
Citation Numbers: 1995 Conn. Super. Ct. 11126
Judges: PICKETT, J.
Filed Date: 9/19/1995
Status: Non-Precedential
Modified Date: 4/17/2021
Connecticut General Statutes § 52-378j(b) provides:
If an application for a prejudgment remedy is denied and the plaintiff, within thirty days thereof, does not serve and return to court the writ of summons and complaint for which the prejudgment remedy was requested, . . . the court shall order the application to be considered as having been withdrawn. (Emphasis added).
In the case at bar, the plaintiff's application for prejudgment remedy was denied and the writ of summons and complaint were not served on the defendants and returned to the court within thirty days. However, at no time after the thirty days did the court order the withdrawal of the application. CT Page 11127
The defendants misconstrue the statute as requiring the action to be withdrawn by application of law. The statute merely requires that the application for a prejudgment remedy "to be considered as having been withdrawn." Accordingly, the motion to dismiss is denied and the objection is sustained.
PICKETT, J.