DocketNumber: No. CV 960330384S
Citation Numbers: 1996 Conn. Super. Ct. 5011, 17 Conn. L. Rptr. 115
Judges: MAIOCCO, J.
Filed Date: 6/24/1996
Status: Non-Precedential
Modified Date: 4/18/2021
On February 21, 1996, the plaintiff filed a two-count complaint against the defendant, Andrew Bissett, the executor of the estate of Sophia Powell. In the complaint the plaintiff seeks compensation from the decedent's estate for overtime hours and liquidated damages. Attached to the complaint is the sheriffs return, which states that a copy of the summons and complaint was left in the hands of Bethel Ann Rooney, attorney for the executor.
On March 1, 1996, the defendant filed a notice of appearance and on March 28, 1996, the defendant filed a motion to dismiss the plaintiffs complaint. The defendant's motion was accompanied by a memorandum of law and the defendant's affidavit. The plaintiff objected to the defendant's motion and filed a memorandum of law in opposition.
On May 6, 1996, an evidentiary hearing was held and the plaintiff filed a supplemental memorandum in opposition and the defendant's attorney filed her own affidavit. Thereafter, the defendant filed a supplemental memorandum and another affidavit in response to the plaintiffs May 6th memorandum.
On May 13, 1996, prior to the ruling on the motion to dismiss, the plaintiff filed a motion to reargue and a supplemental memorandum of law.1
"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 lacks personal jurisdiction because of insufficient service of process. Specifically, the defendant argues that serving the defendant's attorney was improper. The plaintiff contends that the defendant CT Page 5013 is estopped from claiming improper service because the defendant's attorney accepted service on his behalf. In support of this argument, the plaintiff submitted an affidavit from the sheriff, in which he states that Attorney Rooney informed him that she was the wrong party to be served, but that she would accept service anyway.
General Statutes §
In his affidavit and at the evidentiary hearing, the defendant stated that he is a resident of Connecticut and that his residence and usual place of abode is now, and has been for 30 years, 1111 Pequot Avenue, Southport, Connecticut.
Based on the evidence before the court, it appears that the plaintiff failed to comply with the statutory requirements for service of a Connecticut resident. Her argument that the defendant's attorney "accepted" service2 is inapposite because §
The plaintiff also argues that Attorney Rooney was served pursuant to General Statutes §
The plaintiff's argument, again, is without merit. First, this action is not against a private corporation, but against an individual. Second, even if this was an action against a corporation, Attorney Rooney's uncontradicted affidavit states that she is not employed by the defendant's law firm. Therefore, there is no evidence to support the plaintiff's argument.
Accordingly, the defendant's motion to dismiss for lack of personal jurisdiction is granted.
MAIOCCO, J.