Kleinman v. Chapnick
Kleinman v. Chapnick
Opinion of the Court
- Opinion
The plaintiff, Bernard V. Kleinman,
The following facts and procedural history are relevant to the resolution of the plaintiffs appeal. The parties were married in 1979, and, on March 12, 2010, the court, Malone, J., rendered a judgment dissolving the marriage. Kleinman v. Chapnick, 131 Conn. App. 812, 813-14, 30 A.3d 3 (2011). On October 17, 2011,
On January 10, 2012, the defendant filed a motion to dismiss the plaintiffs complaint pursuant to Practice Book § 10-31 et seq.
On April 18, 2012, the court issued a memorandum of decision granting the motion to dismiss the conversion action. It stated that after examining the court file in the dissolution case, that action and the present one
On appeal, the plaintiff claims that the court improperly granted the defendant’s motion to dismiss as a result of its misapplication of the prior pending action doctrine.
The framework for our analysis, including the appropriate standard of review, of the plaintiffs claim is found in Bayer v. Showmotion, Inc., 292 Conn. 381, 973 A.2d 1229 (2009). “[W]e conclude that the trial court must determine in the first instance whether the two actions are: (1) exactly alike, i.e., for the same matter, cause and thing, or seeking the same remedy, and in the same jurisdiction; (2) virtually alike, i.e., brought to adjudicate the same underlying rights of the parties, but perhaps seeking different remedies; or (3) insufficiently similar to warrant the doctrine’s application. In order to determine whether the actions are virtually alike, we must examine the pleadings ... to ascertain whether the actions are brought to adjudicate the same underlying rights of the parties. . . . The trial court’s conclusion on the similarities between the cases is subject to our plenary review.” (Citation omitted; emphasis
Following that initial determination, the court must proceed to a second step. If the court has concluded that the cases are exactly alike or insufficiently similar, the court has no discretion; in the former situation, it must dismiss the second action, and in the latter, it must allow both cases to proceed. Id., 398. “Where actions are virtually, but not exactly alike, however, the trial court exercises discretion in determining whether the circumstances justify dismissal of the second action.” Id. Our analysis, therefore, is focused on whether the court properly determined that the two actions were virtually alike and whether the court abused its discretion in dismissing the conversion action.
In the present case, the court examined the court file in the dissolution action along with the complaint in this conversion action.
The judgment is affirmed.
The plaintiff is an attorney in New York but is not licensed to practice law in the state of Connecticut.
We issued our decision in the defendant’s direct appeal from the dissolution action on October 18, 2011, one day after the plaintiff commenced this conversion action. Neither party has raised any claim regarding the timing of commencement of the conversion action and the resolution of the defendant’s appeal from the dissolution action.
The plaintiff described the property at issue as follows: “Among, but not exclusively, the items that the [plaintiff left in the marital residence, under the sole possession and control of the [defendant were the following:
“a. Hess Truck Collection — a collection of Hess collectible trucks dating back to the late 1980s — with an estimated value of $1,500.00.
“b. Civil War book collection, including, but not limited to, original first edition of Carl [Sandburg’s] six-volume biography of Abraham Lincoln— with an estimated value of $1,000.00; complete set of Bruce Catton books on the Civil War, many first editions — with an estimated value of $750.00; complete set of Allen Nevins books on the Civil War and preceding period— with an estimated value of $750.00; complete set of; and additional tomes by such authors as Douglas Freeman, Shelby Foote, Michael Shaara, and others — with an estimated value of $5,000.00.
“c. Personal family photographs including those of the [plaintiffs deceased father. Antique solid sEver Sabbath Kiddush wine cup belonging to the [p]laintiffs father and dating from in or around 1883, having, besides sentimental value, an approximate antique value of $1,000.
“d. Certain antique and other furnishings and other personal items — with an estimated value of $25,000.00.”
“The essential cause of action is a wrongful exercise of dominion over personal property of another. The wrongful act may be committed when one takes the property of another; when one, having received the property of another for a specified use, appropriates it to a different use in derogation
We have stated that “[t]he prior pending action doctrine is properly raised via a motion to dismiss . . . .” (Internal quotation marks omitted.) Pecan v. Madigan, 97 Conn. App. 617, 621, 905 A.2d 710 (2006), cert. denied, 281 Conn. 919, 918 A.2d 271 (2007); see Halpern v. Board of Education, 196 Conn. 647, 652 n.4, 495 A.2d 264 (1985). The doctrine does not, however, truly implicate the court’s subject matter jurisdiction. Bayer v. Showmotion, Inc., 292 Conn. 381, 403, 973 A.2d 1229 (2009).
To the extent that the plaintiff argues that the family division of the Superior Court lacked jurisdiction to consider his claim of conversion of his property, we conclude such a contention to be without merit. In Connecticut, the Superior Court is the sole court of original jurisdiction except over those matters where the Probate Court has original jurisdiction. In re Shonna K., 77 Conn. App. 246, 251, 822 A.2d 1009 (2003). Thus, all civil matters fall within the subject matter jurisdiction of the Superior Court. Id., 253. The organization of the Superior Court into four divisions, family, civil, criminal and housing, was done to promote an efficient use of judicial resources. Id., 252. The transfer of cases between the divisions is analogous to the law of venue and not the jurisdiction of the court. Id., 253.
In Bayer, our Supreme Court stated that “the trial court properly could have taken judicial notice of the contents of the prior pending file.” Bayer v. Showmotion, Inc., supra, 292 Conn. 393 n.8.
Reference
- Full Case Name
- BERNARD V. KLEINMAN v. ANN M. CHAPNICK
- Cited By
- 7 cases
- Status
- Published