Freccia v. Freccia, 232 Conn. App. 353 (2025)

Citation: Freccia v. Freccia, 232 Conn. App. 353 (2025)
Parent Document: Freccia v. Freccia, 232 Conn. App. 353 (2025)
Jurisdiction: Connecticut (state)
Effective Date: 2025-05-06
Original Source: https://www.courtlistener.com/opinion/10513133/freccia-v-freccia/ ↗

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First, we address the plaintiff’s contention that the
claim is unreviewable because the defendants did not
raise it before the trial court. As we discussed in part
I A of this opinion, ‘‘[s]ubject matter jurisdiction involves
the authority of the court to adjudicate the type of
controversy presented by the action before it. . . . [A]
court lacks discretion to consider the merits of a case
over which it is without jurisdiction . . . .
‘‘There is no doubt that the Superior Court is author-
ized to hear summary process cases; the Superior Court
is authorized to hear all cases except those over which
the probate courts have original jurisdiction. . . . The
jurisdiction of the Superior Court in summary process
actions, however, is subject to [certain] condition[s]
precedent. . . . Our Supreme Court has stated that [a]s
a condition precedent to a summary process action,
proper notice to quit is a jurisdictional necessity. . . .
Simply put, before a landlord may pursue its statutory
remedy of summary process, the landlord must prove
compliance with all of the applicable preconditions set
by state and federal law for the termination of the
lease. . . .
‘‘In general, the conditions that must be met prior to
the commencement of a summary process action are set
forth in § 47a-23. To invoke the court’s subject matter
jurisdiction over a summary process action, a landlord
must therefore, at a minimum, prove compliance with
§ 47a-23, which requires a landlord seeking to terminate
a lease or rental agreement for serious nuisance to
deliver to the occupant or lessee a notice to quit posses-
sion. In contrast to a pretermination notice, which pro-
vides the tenant with an opportunity to remedy viola-
tions and does not terminate a tenancy, service of a
notice to quit possession pursuant to § 47a-23 is typi-
cally an unequivocal act terminating a lease agreement
with a tenant. . . . The notice to quit must be in writ-
Page 30 CONNECTICUT LAW JOURNAL 0, 0

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