Talit v. Northwest Airlines, Inc.
Talit v. Northwest Airlines, Inc.
Opinion of the Court
Opinion
The named plaintiff, Lynn Talit,
A deadline for disclosure of the expert was set for June 30, 1999, and discovery on issues unrelated to the presence of a defibrillator would be delayed. A postcard notice was sent by the court clerk’s office to the parties setting forth the time, date and place of the next status conference. It noted that “[n]onappearance may result in dismissal, default or sanctions.” The status conference was scheduled for 12:30 p.m. on June 30,1999. One week before the scheduled status conference, defense counsel, through his secretary, attempted to change the time of the status conference with the permission of the plaintiff. When no other time could be agreed on, the date and time of the status conference remained unchanged; the plaintiffs counsel was notified two days
On June 30, 1999, defense counsel appeared for the scheduled status conference. Neither the pro se plaintiff nor her counsel appeared. On July 2, 1999, the court ordered that the action be dismissed, and judgment entered thereafter. On July 19,1999, the plaintiff s counsel filed a motion to open the judgment, which was denied on August 9,1999. On August 20,1999, the plaintiff filed a motion for reargument and reconsideration, which was denied on August 30, 1999. At no time was
Our standard of appellate review is whether the court’s dismissal of the action or its denial of the plaintiffs motion to open the judgment was an abuse of discretion. See Gionfrido v. Wharf Realty, Inc., 193 Conn. 28, 34, 474 A.2d 787 (1984). The court may have acted pursuant to Practice Book § 17-19
The plaintiff first claims that the court abused its discretion in dismissing her complaint, given the circumstances that the matter was not scheduled for trial, but rather only for a status conference. The parties acknowledge that the court’s action was a disciplinary dismissal. That the matter was not scheduled for trial is of no relevance. The plaintiff also argues that the
“An order of the court must be obeyed until it has been modified or successfully challenged.” Jaconski v. AMF, Inc., 208 Conn. 230, 234-35, 543 A.2d 728 (1988). “In the event of noncompliance with a court order, the directives of caseflow management authorize trial courts, in appropriate circumstances, to take action against either the errant attorney or the litigant who freely chose the attorney.” Ruddock v. Burrowes, 243 Conn. 569, 575, 706 A.2d 967 (1998). We conclude that the court’s action was within the bounds of sound judicial discretion.
The plaintiff next argues that the court abused its discretion in denying her motion to open the judgment. The court’s denial of the plaintiffs motion to open cannot be held to be an abuse of discretion if it appears that the plaintiff has not been prevented from prosecuting the claim by mistake, accident or other reasonable cause. Stephen v. Hoerle, 39 Conn. App. 253, 257, 664 A.2d 817, cert. denied, 235 Conn. 928, 667 A.2d 555 (1995); see also General Statutes § 52-212. There also must be a showing that a good cause of action existed at the time the judgment of dismissal was rendered. General Statutes § 52-212 (a); Jaconski v. AMF, Inc., supra, 208 Conn. 237. The plaintiff has failed to satisfy
The judgment is affirmed.
In this opinion the other judges concurred.
The plaintiff Lynn Talit commenced this action individually and as administratrix of the estate of Benjamin Talit. We refer to her as the plaintiff in this opinion.
The record contains neither a memorandum of decision nor a transcript signed by the trial judge, and the plaintiff did not seek an articulation of the court’s rulings.
There appears to be a conflict here. The plaintiffs counsel alleges that he was informed that the defendant’s counsel “definitely could not attend the June 30 status conference and [that he] would not be available until the end of August.” The defense counsel denied this. The plaintiff further claims that the defendant’s counsel’s secretary had told the plaintiff that the status conference had been canceled. The defendant’s counsel denies that his secretary ever made such a representation. In any event, the plaintiffs counsel acknowledged that on June 28,1999, he was informed that the court had not granted a continuance for the original day and time for the status conference, and that the defendant’s counsel would be attending. The plaintiffs counsel’s request to the court for a continuance was not granted.
Practice Book § 17-19 provides: “If a party fails to comply with an order of a judicial authority or a citation to appear or fails without proper excuse to appear in person or by counsel for trial, the party may be nonsuited or defaulted by the judicial authority.”
Practice Book § 17-43 (a) provides: “Any judgment rendered or decree passed upon a default or nonsuit may be set aside within four months succeeding the date on which notice was sent, and the case reinstated on the docket on such terms in respect to costs as the judicial authority deems reasonable, upon the written motion of any party or person prejudiced thereby, showing reasonable cause, or that a good cause of action or defense in whole or in part existed at the time of the rendition of such judgment or the passage of such decree, and that the plaintiff or the defendant was prevented by mistake, accident or other reasonable cause from prosecuting or appearing to make the same. Such written motion shall be verified by the oath of the complainant or the complainant’s attorney, shall state in general terms the nature of the claim or defense and shall particularly set forth the reason why the plaintiff or the defendant failed to appear. The judicial authority shall order reasonable notice of the pendency of such written motion to be given to the adverse party, and may enjoin that party against enforcing such judgment or decree until the decision upon such written motion.”
General Statutes § 52-212a provides: “Unless otherwise provided by law and except in such cases in which the court has continuing jurisdiction, a civil judgment or decree rendered in the Superior Court may not be opened or set aside unless a motion to open or set aside is filed within four months following the date on which it was rendered or passed. The continuing jurisdiction conferred on the court in preadoptive proceedings pursuant to subsection (h) of section 17a-112 does not confer continuing jurisdiction on the court for purposes of reopening a judgment terminating parental
At the March 31, 1999 conference, the court agreed to stay all other discovery issues until the expert witness question was resolved. The plaintiff, however, filed numerous discovery requests in April, 1999, which subsequently were ordered stayed until after the June 30, 1999 conference.
Reference
- Full Case Name
- LYNN TALIT v. NORTHWEST AIRLINES, INC.
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- 7 cases
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- Published