DocketNumber: No. FA92 0292919 S
Citation Numbers: 1992 Conn. Super. Ct. 6443, 7 Conn. Super. Ct. 1124
Judges: KARAZIN, JUDGE
Filed Date: 7/1/1992
Status: Non-Precedential
Modified Date: 4/17/2021
The Commissioner of Human Resources filed a petition on behalf of Sabrina Hill against Rudolph Snead to establish the paternity of her minor child. On May 12, 1992, the family support magistrate, Harris Lifshitz, held a hearing on the petition. He inquired about the sheriff's return which was apparently missing from the court file.1
The respondent was present in court and admitted that he had in fact been served with the appropriate papers by the sheriff. Magistrate Lifshitz refused to accept the defendant's waiver of the return and entered a judgment of nonsuit on the ground that the defect deprived the court of jurisdiction. The commissioner appeals the decision, arguing that the lack of a sheriff's return does not deprive the court of subject matter jurisdiction.
"The Superior Court lacks subject matter jurisdiction only if it has no competence to entertain the action before it." Bridgeport v. Debek,
Research reveals no decisions holding that defects in service, process or return of process affect subject matter jurisdiction in civil actions. Because the defendant did not timely contest the lack of the sheriff's return, the magistrate improperly raised the issue sua sponte and incorrectly entered a judgment of nonsuit for lack of subject matter jurisdiction.
The decision of the family support magistrate is reversed, and this case is remanded to the family support magistrates division for further proceedings consistent with this decision.
EDWARD R. KARAZIN, JR., JUDGE