DocketNumber: No. 064139
Citation Numbers: 2000 Conn. Super. Ct. 13760
Judges: FOLEY, JUDGE.
Filed Date: 11/7/2000
Status: Non-Precedential
Modified Date: 4/18/2021
On October 20, 2000, the movant filed a motion to dismiss on the ground of inadequate service of process. The movant failed to file a memorandum of law in accordance with Practice Book §§
Practice Book §
"(b) Any adverse party who objects to this motion shall, at least five days before the motion is to be considered on the short calendar, file and serve in accordance with Sections
In support of his motion to dismiss, the movant filed an affidavit averring that his normal abode is 4280 South Atlantic Avenue, Daytona, FL. He has also included numerous documents showing this as his address. These include a vehicle registration, the cover (with his mailing label attached) of his 1040 federal tax form, his electric bill, bank statements and a visa statement. He also avers that he has been in Connecticut on four occasions. He cites these occasions as occurring between April and November of this year.
After being sworn in at the November 6, 2000 short calendar hearing, the movant testified to the following. When he visits this area of Connecticut, he does stay at the Gilman Street address. He has stayed there on four separate occasions this year and is currently staying there while awaiting the resolution of this motion. He does not own the Gilman Street property, nor does he have an interest in it. In addition, the movant testified that he was not at the Gilman Street address when service was made, but was in Texas seeking medical treatment for his wife.
General Statutes §
"Whether a particular place is the usual place of abode of a defendant is a question of fact. Although the sheriff's return is prima facie evidence of the facts stated therein, it may be contradicted and facts may be introduced to show otherwise. Jenkins v. Bishop Apartments, Inc.,
Based upon the movant's uncontested affidavit and sworn testimony, the court finds that he did not reside at 34 Gilman Street at the time of service of process. As a result thereof, service was inadequate to acquire jurisdiction over the movant. Accordingly, the motion to dismiss this action, as it pertains to Howard W. Bove, is granted.
Foley, J.