Acadia Insurance v. O'Reilly
Acadia Insurance v. O'Reilly
Opinion of the Court
Opinion
The self-represented defendants, John T. O’Reilly and Erin O’Reilly, appeal from the judgment of the trial court denying their motion to open the default judgment rendered in favor of the plaintiffs, Acadia Insurance Company and 139 Washington Avenue, LLC. On appeal, the defendants claim that the court improperly denied that motion. We affirm the judgment of the trial court.
In early November, 2010, the plaintiffs commenced a negligence action against the defendants stemming from an incident that occurred on March 14,2010. Their complaint alleged that, at all relevant times, Acadia Insurance Company insured real property known as 1100 West Main Street in Branford (property) owned by 139 Washington Avenue, LLC. They further alleged that, at 5:57 p.m. on March 14, 2010, “the defendant, Erin O’Reilly, was operating a motor vehicle owned by the defendant, John O’Reilly, on West Main Street in Branford . . . when she propelled said motor vehicle off of the traveled portion of the road and into the [property], thereby damaging the plaintiff’s realty in the amount of $7541.90.” That damage allegedly was caused by the carelessness and negligence of Erin O’Reilly.
Approximately one month later, the plaintiffs filed a motion for default for failure to appear, which the trial
Two days before trial, the plaintiffs filed a motion to amend their complaint. The record contains no indication that the court ever acted on that motion.
At the outset, we note that the defendants stated on their appeal form that they are appealing from both the “default judgment” and the “denial of [the] motion to reopen judgment.” Likewise, the six sentence argument portion of their principal appellate brief asserts that the court improperly rendered a default judgment and that it improperly denied their motion to open that judgment. Nevertheless, the only issue properly before us is the latter claim. As we previously have explained,
Confined to the question of whether the court properly denied the defendants’ motion to open, we first note the applicable standard of review. “A motion to open and vacate a judgment ... is addressed to the [trial] court’s discretion, and the action of the trial court will not be disturbed on appeal unless it acted unreasonably and in clear abuse of its discretion. ... In determining whether the trial court abused its discretion, this court must make every reasonable presumption in favor of its action. . . . The manner in which [this] discretion is exercised will not be disturbed so long as the court could reasonably conclude as it did.”
Applying those principles, we cannot say that the court abused its discretion in the present case. As our Supreme Court explained in a similar case, “[i]n an appeal from the denial of a motion to open, the appellant must abide by established appellate procedure. [It is] fundamental . . . that [i]t is incumbent upon the [appellant] to take the necessary steps to sustain [his] burden of providing an adequate record for appellate review. . . . Our role is not to guess at possibilities . . . but to review claims based on a complete factual record developed by a trial court. . . . Without the necessary factual and legal conclusions furnished by the trial court . . . any decision made by us respecting [the appellant’s claims] would be entirely speculative. ... It is the appellant’s obligation to move for an articulation or rectification of the record where the trial court has failed to state the basis of a decision ... to clarify the legal basis of a ruling ... or to ask the trial judge to rule on an overlooked matter. . . .
“[T]he trial court gave no reasons for the denial of the defendant’s motion to open; it simply marked the motion denied. The trial court could have denied the motion for any one or more of the reasons raised in the plaintiffs’ objection, such as, the defendant’s failure to allege reasonable cause or that the motion was not properly verified as required by both ... § 52-212 and Practice Book § 17-43. Alternatively, the trial court could have come to its own conclusion about its ability to open a judgment that, despite the absence of a direct appeal, was being collaterally attacked by the defendant. . . . The record therefore does not reveal the reasons for the trial court’s ruling.
“Under these circumstances, the plaintiff should have filed a motion for articulation to preserve an adequate
That reasoning applies with equal force in the present case. It is well established that “[t]his court does not presume error on the part of the trial court; error must be demonstrated by an appellant . . . .” State v. Tocco, 120 Conn. App. 768, 781 n.5, 993 A.2d 989, cert. denied, 297 Conn. 917, 996 A.2d 279 (2010). Our standard of review requires this court to “make every reasonable presumption in favor of [the trial court’s] action” in denying a motion to open. (Internal quotation marks omitted.) Chapman Lumber, Inc. v. Tager, 288 Conn. 69, 106, 952 A.2d 1 (2008). Furthermore, to the extent that the defendants’ claim is predicated on their factual allegation that they never received the court’s February 25, 2011 notice of trial, we are mindful that “it is axiomatic that this appellate body does not engage in fact-finding. Connecticut’s appellate courts cannot find facts; that function is, according to our constitution, our statute, and our cases, exclusively assigned to the trial courts.” (Internal quotation marks omitted.) Hogan v. Lagosz, 124 Conn. App. 602, 618, 6 A.3d 112 (2010), cert. denied, 299 Conn. 923, 11 A.3d 151 (2011). Absent any indication of the factual and legal basis of the court’s decision, we cannot conclude that the court abused its ample discretion in denying the defendants’ motion to open the default judgment.
The judgment is affirmed.
The appellants have not provided a transcript of the May 11, 2011 trial.
At oral argument before this court, the plaintiffs attested that, because the trial court did not act on their motion to amend, they proceeded on their original complaint at trial.
At oral argument before this court, the defendants complained that the trial court decided the motion to open without holding argument thereon. Like Priest v. Edmonds, 295 Conn. 132, 136, 989 A.2d 588 (2010), the defendants here did not request oral argument on their motion to open.
The defendants, without citation to any authority, mistakenly assert that their claim “should be considered de novo with aplenary standard of review.” Contra In re Baby Girl B., 224 Conn. 263, 294-95, 618 A.2d 1 (1992) (“[w]e do not undertake a plenary review of the merits of a decision of the trial court to grant or to deny a motion to open a judgment”).
Reference
- Full Case Name
- ACADIA INSURANCE COMPANY v. JOHN T. O'REILLY
- Cited By
- 7 cases
- Status
- Published