LO SACCO v. PARMELEE, 18 Conn. App. 808 (1989)

556 A.2d 1058

FRANK X. LO SACCO v. DEBRA M. PARMELEE ET AL.

(6815)Appellate Court of Connecticut

BORDEN, DALY and JACOBSON, Js.

Argued February 28, 1989

Decision released March 13, 1989

Action to set aside an allegedly fraudulent conveyance of certain real property, brought to the Superior Court in the judicial district of Middlesex, where the matter was dismissed for failure to prosecute; thereafter, the court, R. O’Connell, J., denied the plaintiff’s motion to restore the case to the docket, and the plaintiff appealed to this court. Error; remanded with direction.

Frank X. Lo Sacco, pro se, the appellant (plaintiff).

PER CURIAM.

The plaintiff appeals from the judgment of the trial court dismissing this case for failure to prosecute with reasonable diligence pursuant to Practice Book 251, and from the denial of his motion to restore the case to the docket. The court erred in dismissing the case for failure to prosecute with reasonable diligence. Thus, the motion to restore this case to the docket should have been granted by the trial court.

There is error, the judgment is set aside and the case is remanded with direction to restore the case to the docket.