Section 232-a

Citation: Section 232-a
Parent Document: Waterbury Twin, LLC v. Renal Treatment Centers-Northeast, Inc., 974 A.2d 626 (2009)
Jurisdiction: Connecticut (state)
Effective Date: 2009-07-14
Original Source: https://www.courtlistener.com/opinion/1539908/waterbury-twin-llc-v-renal-trea... ↗

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The majority asserts that there is no reason to distinguish between a case in which a landlord has withdrawn a summary process action and one in which the summary process action has been dismissed on the merits. To support this conclusion, in footnote 16 of its opinion, the majority cites cases in which the Appellate Court and this court have concluded that withdrawals and final judgments are analogous for purposes of whether a court retains jurisdiction over a particular matter. See Sicaras v. Hartford, 44 Conn. App. 771, 775, 692 A.2d 1290 (“[withdrawals are analogous to final judgments”), cert. denied, 241 Conn. 916, 696 A.2d 340 (1997); see also Lusas v. St. Patrick’s Roman Catholic Church Corp., 123 Conn. 166, 170, 193 A. 204 (1937) (“[t]he situation as regards the jurisdiction of the court to proceed further in the matter after an action has been voluntarily withdrawn is strictly analogous to that presented after the rendition of a final judgment or the erasure of a case from the docket”). I disagree. Sicaras and Lusas were civil cases, not summary process cases. Although there may be no distinction between a voluntary withdrawal and dismissal on the merits for purposes of whether the court retains jurisdiction over a civil case, these cases provide no guidance as to whether a notice to quit served by a party continues to have legal effect after the voluntary withdrawal of a subsequent summary process action. --- 010combined ---

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