Colchester Estate Ventures, LLC v. Madden, 229 Conn. App. 811 (2024)

Citation: Colchester Estate Ventures, LLC v. Madden, 229 Conn. App. 811 (2024)
Parent Document: Colchester Estate Ventures, LLC v. Madden, 229 Conn. App. 811 (2024)
Jurisdiction: Connecticut (state)
Effective Date: 2024-12-24
Original Source: https://www.courtlistener.com/opinion/10303097/colchester-estate-ventures-llc... ↗

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filing by the defendant on the docket was the defen-
         dant’s motion to dismiss and for summary judgment,
         which had not yet been fully briefed. This motion was
         purely defensive in character. In it, the defendant sought
         only dismissal of the action and summary judgment in
         his favor on the grounds that the notice to quit and
         the complaint were jurisdictionally defective and the
         proceeding retaliatory.3 The defendant made no request
         for affirmative relief or other redress, nor did he allege
         any facts from which the court reasonably could have
         inferred that he was entitled to such relief. Given this
         court’s holding in Harrison, the court lacked the
         authority to restore the case to the docket when the
         defendant, following the plaintiff’s withdrawal, sought
         to revive the case to litigate requests for relief he had
         not made while the case was pending. Moreover,
         because the court lacked this authority, we cannot say
         that the defendant had any ‘‘vested right’’ to prosecute
         his claims in the context of this case.4
            The judgment is affirmed.

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