Public-domain · open source
OpenJurist

3 Conn. App. 637

Clapper v. Clapper

Connecticut Appellate Court

Decided April 30, 1985

Connecticut Appellate Court · decided 1985-04-30

Relies on State v. Grimes · Tilo Co. v. Fishman · 37 Conn. Super. Ct. 645 - Golfland Realty Co. v. Goldberg

Good law ✅— No negative treatment on recordhow we know

Decided 1985-04-30

How this case has been cited

Cited by 11 later decisions — most recently April 2001

11 state decisions

40198519902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Barall, J.

¶1The defendant has appealed from a denial of his motion to open a judgment of dissolution.

¶2The action was commenced in the spring of 1982 and was reached for hearing in the spring of 1983. The defendant requested and received a continuance to obtain an attorney. The matter was rescheduled for hearing on July 14,1983 (the defendant received actual notice of the hearing on July 12th). On July 14, 1983, the defendant appeared in court and requested another continuance to obtain an attorney. He claimed that he had been misled into believing that he and his wife were reconciled and that she would not proceed with the divorce. The trial referee denied his request, after hear*638ing. The trial proceeded with the defendant representing himself. Judgment of dissolution was rendered on July 19, 1983.

¶3On July 29, 1983, the defendant, through counsel, moved to open the judgment. The basis of the motion to open was that the defendant believed that he and his wife were reconciled and that, therefore, the failure to grant him a continuance to obtain counsel was improper. The motion to open was heard and denied.

¶4The defendant claims on appeal that the court which denied his motion to open the judgment abused its discretion in not allowing him to introduce evidence of events which occurred prior to July 12,1983, and which caused him to conclude that he and his wife had reconciled. We need not reach a decision on this evidentiary point because we find that the motion to open was an attempt to bypass an ordinary appeal.

¶5The purpose of a motion to open is to permit the granting of a new trial when a party had a meritorious defense but did not have an opportunity to present it. It is not a substitute for an appeal of a claimed error which the parly knew or should have known at the time the appeal could have been taken. Tilo Co. v. Fishman, 164 Conn. 212, 215, 319 A.2d 409 (1972); State v. Grimes, 154 Conn. 314, 325, 228 A.2d 141 (1966); Golfland Realty Co. v. Goldberg, 37 Conn. Sup. 645, 647, 433 A.2d 697 (1981).

¶6The claims in the motion to open were merely a repeat of the claims before the trial court. If the defendant disagreed with that court, he should have appealed its decision.

¶7There is no error.

¶8In this opinion the other judges concurred.

/3/connapp/637 · .json · Public domain