BANK OF BOSTON CONNECTICUT v. MONIZ, 247 Conn. 394 (1998)

720 A.2d 1111

BANK OF BOSTON CONNECTICUT v. JOSEPH A. MONIZ ET AL.

(SC 15889)Supreme Court of Connecticut

Callahan, C.J., and Katz, McDonald, Peters and Leuba, Js.

Argued November 6, 1998

Officially released December 29, 1998

PROCEDURAL HISTORY
Action to foreclose a mortgage on certain real property owned by the named defendant et al., brought to the Superior Court in the judicial district of Hartford-New Britain at Hartford, where the court, Freed, J., granted the plaintiff’s motion for default for failure to disclose a defense against the named defendant et al.;

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thereafter, the court, Aurigemma, J., granted the plaintiff’s motion for summary judgment as to liability only; subsequently, the court, Aurigemma, J., granted the plaintiff’s motion for judgment of strict foreclosure and rendered judgment thereon, from which the named defendant et al. appealed to the Appellate Court, Foti, Landau an Hennessy, Js., which affirmed the trial court’s judgment, and the named defendant et al., on the granting of certification, appealed to this court. Appeal dismissed.

Richard P. Weinstein, with whom was Nathan A. Schatz, for the appellants (named defendant et al.).

Edward P. Jurkiewicz, for the appellee (plaintiff).

OPINION
PER CURIAM.

After examining the record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was improvidently granted.[1]

The appeal is dismissed.

[1] We granted the petition by the named defendant and the defendant Julie A. Moniz for certification to appeal from the judgment of the Appellate Court; Bank of Boston Connecticut v. Moniz, 47 Conn. App. 234, 702 A.2d 655 (1997); limited to the following issues: (1) “Did the Appellate Court properly decline to address the defendants’ challenge to the plaintiff’s use of an affidavit of debt to establish the amount due?” (2) “If the answer to the first question is no, did the Appellate Court properly affirm the trial court’s reliance on the affidavit of debt without holding an evidentiary hearing?” Bank of Boston Connecticut v. Moniz, 244 Conn. 910, 713 A.2d 827 (1998).

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