Newtown Pool Service, LLC v. Pond
Newtown Pool Service, LLC v. Pond
Opinion of the Court
Opinion
The plaintiff in error, Newtown Pool Service, LLC (plaintiff), filed a writ of error with the Supreme Court, challenging the judgment of the trial
The following facts and procedural history are relevant to this decision. On September 17, 2010, the plaintiff commenced this small claims action against the defendants in error, Kenneth Pond and Victoria Pond (Ponds), claiming $4925, plus court costs, arising out of a balance due on a contract for the construction of a pool. The plaintiff also alleged that the Ponds owed an additional $455 for cleaning and opening the pool, but added: “[The plaintiff] waives any dollar claim beyond the jurisdictional limit.” On October 18, 2010, the Ponds filed an answer and counterclaim. On the counterclaim form, the Ponds wrote in relevant part: “Job was never completed and we have estimates to repair damage [plus] incomplete work in excess of $5,000[plus].
We must first address whether we have jurisdiction over the writ of error. The plaintiff argues that this
In Cannavo Enterprises, Inc. v. Burns, 194 Conn. 43, 48, 478 A.2d 601 (1984), our Supreme Court held that, notwithstanding the language in General Statutes § 51-197a
We read the previously mentioned cases to stand for the proposition that, where the limited circumstances of Practice Book § 60-1 are met and the plaintiff did not have an opportunity or notice to seek a transfer prior to the deadline imposed by Practice Book § 24-21, a writ of error is the appropriate method to seek
In the present case, the plaintiff, upon seeing the Ponds’ statements on the counterclaim form, arguably became aware that the Ponds were claiming more than $5000 in damages. Still, knowing of the $5000 jurisdictional money limit in small claims actions, the plaintiff reasonably could have concluded that the Ponds were not claiming more than $5000, that the trial court did not have the authority to award more than $5000 on the counterclaim, and that, therefore, there was no need to seek a transfer. Such a conclusion would be supported by a plain reading of Practice Book §§ 24-1 and 24-19 in conjunction with General Statutes § 51-15 (d), which provides that the small claims procedure applies to actions for money damages that do not exceed $5000, “and to no other actions.”
Practice Book § 24-21 (a) (1) provides in relevant part that the motion to transfer “must be filed on or before the answer date . . . .” By the time of the first hearing, when it became clear that the court intended to consider an award on the counterclaim greater than $5000, the deadline for filing a motion to transfer had passed. This stands in contrast to Esposito, where the defendant knew of the jurisdictional defect when it was served with the complaint, but it did not raise the issue until it filed the writ. Here, once the plaintiff was confronted with the possibility of an award of more than $5000, it raised its jurisdictional claim with the trial court — the only thing it could do given the time limit for filing a motion to transfer. As in Veterans Memorial Medical Center and Safe Home Security, Inc., the plaintiff here was denied an opportunity to transfer because the deadline to move for transfer had passed before
The plaintiff is aggrieved by the trial court’s action because, instead of having to pay nothing, which would be the result if the award on the counterclaim were limited to $5000, it has been ordered to pay $3000 on - the counterclaim. The plaintiff gave up the right to use the regular rules, including the right to appeal, based on an understanding that the small claims court could not act beyond its jurisdiction. Were we to dismiss the writ, all parties to cases without a statutory right of appeal would have to seek transfer at the outset to prepare for the possibility that the trial court would act outside its jurisdiction.
We hold that a writ of error is the proper avenue to obtain review under the unusual combination of facts in this case, where a party challenges not the underlying findings or legal conclusions of the trial court, but rather the trial court’s award of damages outside the jurisdictional money limit. In so holding, we rely on Practice Book § 60-1, reasoning that a writ of error may be brought to review the judgment to avoid the smprise to the plaintiff that would result from strict adherence to Practice Book § 72-1 (b) (2), to avoid the injustice that would be manifest if parties who filed counterclaims in violation of the rules could then benefit by such violations, and to clarify to lower courts the application of the jurisdictional money limit in small claims actions.
We next consider the merits of the plaintiffs claim of jurisdictional error. “We have long held that because
The plaintiff first argues that the court’s order that the plaintiff pay $3000 to the Ponds was error because it represented the aggregate of an award on the complaint that fell within the jurisdictional money limit and an award on the counterclaim that exceeded it by $3000. The plaintiff argues that, where jurisdictional money limits are imposed, a court’s jurisdiction is determined by the amount of each component claim, not by the aggregate of all claims.
No case law specifically addresses whether each individual claim and each award in small claims court must be limited to $5000, but Connecticut courts have long followed the principle that, when statutes apply jurisdictional money limits, a court’s jurisdiction is determined not by the amount of the aggregate award, but instead by the amount of each individual claim. For example, in Brennan v. Berlin Iron Bridge Co., 75 Conn. 393, 396-97, 53 A. 779 (1903), a case involving multiple claims by one plaintiff against the same defendant, our Supreme Court held that the amount of each demand must fall within the court’s jurisdiction. The court held that the plaintiff in that case was entitled to recover only on the claim that fell within the jurisdictional limit, and not on the one that fell outside it. Id., 397. In Reconstruction Finance Corp. v. S. Landow & Co., 8 Conn. Sup. 269, 270 (1940), the Superior Court
The plaintiff also argues that the jurisdictional money limit of $5000 for small claims actions applies to both the amount that may be claimed and the amount that the court may award, even though the relevant language uses only the phrase “all actions . . . claiming money damages not in excess of five thousand dollars . . . .” General Statutes § 51-15 (d). In support of this argument, the plaintiff cites to the single exception in the statute, which provides that the small claims court may award amounts in certain landlord-tenant actions that are “authorized by the rental agreement or any provision of the general statutes . . . notwithstanding that the amount of such damages and costs, in the aggregate, exceeds the jurisdictional money limit established by
The plaintiff argues, persuasively, that “if component claims of any amount could be considered and awarded so long as the combined effect was under the limit, then multimillion dollar competing claims could be routinely filed in small claims.” This result would defeat the purpose of the small claims docket.
Accordingly, we conclude that the trial court’s award of $8000 on the counterclaim was erroneous in that the court acted beyond its jurisdiction by exceeding the jurisdictional money limit, in contravention of § 51-15 (d) and Practice Book § 24-2. The plaintiff was materially injured by being ordered to pay $3000 to the Ponds that it would not have been ordered to pay had the trial corut abided by the jurisdictional money limit. Accordingly, the award of damages on the counterclaim must be reduced to the jurisdictional limit of the small claims court, with the result that neither party shall be required to pay anything to the other.
The writ of error is granted, the judgment is reversed only with respect to the amount of the award on the counterclaim and judgment is rendered thereon for the Ponds in the amount of $5000; the judgment is affirmed in all other respects.
In this opinion the other judges concurred.
Judgments of the small claims session are not normally appealable; see General Statutes § 51-197a; but Practice Book § 72-1 provides that a writ of error may be brought from certain decisions from which there is no statutory right of appeal. Section 72-1 (a) provides: “Writs of error for errors in matters of law may be brought from a final judgment of the superior court to the supreme court in the following cases: (1) a decision binding on an aggrieved nonparty; (2) a summary decision of criminal contempt; (3) a denial of transfer of a small claims action to the regular docket; and (4) as otherwise necessary or appropriate in aid of its jurisdiction and agreeable to the usages and principles of law.” As discussed herein, a writ of error is proper in this case.
The Ponds used an addition symbol (+) on the counterclaim form to represent the word “plus.”
General Statutes § 51-15 (d) provides in relevant part: “The small claims procedure shall be applicable to all actions, except actions of libel and slander, claiming money damages not in excess of five thousand dollars, and to no other actions.”
Practice Book § 24-19 provides in relevant part: “The defendant . . . may claim any setoff or counterclaim within the jurisdiction of the small claims court.” (Emphasis added.) Practice Book § 24-21 governs motions to transfer.
The plaintiff filed its brief on November 28, 2011. The Ponds did not file an appellee’s brief, which was due on December 28, 2011. On January 6, 2012, the Supreme Court transferred the writ to this court pursuant to Practice Book § 65-1. On its own motion, this court held a hearing to determine whether to dismiss the writ of error on the ground that the plaintiff did not move to transfer the case from the small claims docket to the regular docket of the Superior Court in compliance with Practice Book § 72-1 (b). Section 72-1 (b) provides in relevant part: “No writ of error may be brought in any civil or criminal proceeding for the correction of any error where ... (2) the parties, by failure timely to seek a transfer or otherwise, have consented to have the case determined by a court or tribunal from whose judgment there is no right of appeal or opportunity for certification.” Practice Book § 24-21 provides the procedure for a defendant, or a plaintiff on a defendant’s counterclaim, to seek a transfer to the regular docket of a “counterclaim in an amount greater than the jurisdiction of the small claims court . . . .” Section 24-21 requires that the case “shall be transferred” should the requesting party meet the procedural requirements, but does not require that parties seek a transfer when a claim or counterclaim exceeds the jurisdictional limit. Nothing in chapter 24 of the Practice Book, which governs small claims, refers to the § 72-1 (b) (2) prohibition against writs of error for failure to seek a transfer. After the hearing, this court marked
General Statutes § 51-197a provides in relevant part: “Appeals from final judgments or actions of the Superior Court shall be taken to the Appellate Court in accordance with section 51-197c, except for small claims, which, are not appealable . . . (Emphasis added.)
Practice Book § 60-1 provides in relevant part: “The design of these rules being to facilitate business and advance justice, they will be interpreted liberally in any case where it shall be manifest that a strict adherence to them will work surprise or injustice.”
Unlike in Esposito, nothing in the record in the present case indicates that the plaintiff was represented by counsel at either hearing. The plaintiff s counsel indicated both in the docketing statement filed with this court and during oral argument that the plaintiff was not represented by counsel at either hearing.
Because this is sufficient ground to grant the writ of error, we do not address the plaintiffs argument based on Practice Book § 72-1 (a) (4).
Practice Book § 24-1 provides in relevant part: “The general purpose of these rules is to secure the prompt and inexpensive hearing and determination of small claims by simplified procedure designed to allow the public maximum access to and use of the court in connection with such claims. ... All proceedings shall be simple and informal.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.