ABB Automation, Inc. v. Zaharna

823 A.2d 340, 77 Conn. App. 260, 2003 Conn. App. LEXIS 246
CourtConnecticut Appellate Court
DecidedJune 3, 2003
DocketAC 23378
StatusPublished
Cited by6 cases

This text of 823 A.2d 340 (ABB Automation, Inc. v. Zaharna) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ABB Automation, Inc. v. Zaharna, 823 A.2d 340, 77 Conn. App. 260, 2003 Conn. App. LEXIS 246 (Colo. Ct. App. 2003).

Opinion

Opinion

FOTI, J.

The plaintiff, ABB Automation, Inc., appeals from the judgment rendered by the trial court dismissing its complaint, which sought a declaratory judgment. The plaintiff claims that the court improperly concluded that it lacked subject matter jurisdiction. We agree and reverse the judgment of the trial court.

The plaintiff, in its November 19, 2001 complaint, alleged that it is an Ohio corporation with its principal place of business in Norwalk. The plaintiff alleged that it is a subsidiary of a Delaware corporation and is primarily engaged in “automation, instrumentation and robotics activities . . . .” The plaintiff further alleged that the defendant, Mohamed N. Zaharna, entered into [262]*262an. employment contract with the plaintiff in which he agreed to serve as its president and chief executive officer, effective April 1, 1999, and served in that position until April 1, 2001. By the agreement’s terms, the defendant’s “principal office and location of employment will be located at Norwalk, Connecticut or such other place as shall be determined by the [plaintiff]

The plaintiff further alleged “on information and belief’ that the defendant disputes the validity and enforceability of some provisions of the employment agreement dealing with compensation, termination and benefits, and that the defendant denies that the agreement is enforceable with respect to all of the rights, benefits and obligations of the parties relating to his employment and termination. The plaintiff sought a judicial determination1 to settle the “actual bona fide and substantial questions and issues in dispute between the parties and substantive uncertainty of legal relations between them . . . .” The plaintiff’s complaint sought relief in the form of a declaratory judgment.

[263]*263On January 11, 2002, the defendant filed a motion to dismiss, alleging lack of personal jurisdiction, lack of subject matter jurisdiction and improper venue. The record reflects that the defendant had filed a complaint against the plaintiff in an Ohio state court based on the same nucleus of operative facts that the plaintiff in its present complaint alleged were in dispute between the parties. The court, in granting the motion to dismiss on the basis of lack of subject matter jurisdiction only, concluded that the allegations made by the plaintiff “upon information and belief” were insufficient to support a claim that an actual dispute or controversy existed and were, therefore, nonjusticiable. The court found those allegations to be conclusory in nature and insufficient to establish the existence of an actual dispute between the parties. Because the court concluded that it lacked subject matter jurisdiction to adjudicate the action, it did not address the issues of personal jurisdiction or forum non conveniens.2

The applicable standard of review is well established. “A determination regarding a trial court’s subject matter jurisdiction is a question of law. When . . . the trial court draws conclusions of law, our review is plenary and we must decide whether its conclusions are legally and logically correct and find support in the facts that appear in the record.” (Internal quotation marks omitted.) Doe v. Roe, 246 Conn. 652, 660, 717 A.2d 706 (1998).

“Subject matter jurisdiction involves the authority of a court to adjudicate the type of controversy presented [264]*264by the action before it. ... If a court lacks subject matter jurisdiction to hear and determine cases of the general class to which the proceedings in question belong, it is axiomatic that a court also lacks the authority to enter orders pursuant to such proceedings.” (Citations omitted; internal quotation marks omitted.) Speight v. Office of Victim Services, 61 Conn. App. 151, 154, 763 A.2d 25 (2000). We must determine whether the court had subject matter jurisdiction to entertain the plaintiffs complaint. We are mindful that “[a] court does not truly lack subject matter jurisdiction if it has competence to entertain the action before it . . . .” (Internal quotation marks omitted.) Id. “[W]here a decision as to whether a court has subject matter jurisdiction is required, every presumption favoring jurisdiction should be indulged.” (Internal quotation marks omitted.) Ann Howard’s Apricots Restaurant, Inc. v. Commission on Human Rights & Opportunities, 237 Conn. 209, 221, 676 A.2d 844 (1996).

The plaintiff argues that there was sufficient evidence before the court to demonstrate the existence of an actual dispute even if the complaint itself did not expressly reflect the existence of such controversy. Specifically, the plaintiff points out that the court had before it a disclosure by the defendant, in its memorandum of law in support of its motion to dismiss, of an action instituted by him in an Ohio court that was “based on the same nucleus of operative facts” on which the plaintiff based the present action. The defendant also had attached to his memorandum of law a copy of his Ohio complaint,3 which, the plaintiff argues, acts as an “admission” that an actual controversy existed between the parties, as reflected in the plaintiffs complaint. Although we agree that the court may have been free to consider the entire record before it, and not [265]*265merely the pleadings as such, we find it unnecessary to address the issue as to whether the defendant admitted the existence of an actual dispute because we conclude that allegations pleaded on “information and belief’ in this case are sufficient to establish a cause of action for a declaratory judgment.

The interpretation of pleadings is an issue of law. As such, our review of the court’s decisions in that regard is plenary. Forte v. Citicorp Mortgage, Inc., 66 Conn. App. 475, 483-84, 784 A.2d 1024 (2001). In determining whether a complaint is subject to dismissal for lack of jurisdiction, “a court must take the facts to be those alleged in the complaint, including those facts necessarily implied from the allegations, construing them in a manner most favorable to the pleader.” Pamela B. v. Ment, 244 Conn. 296, 308, 709 A.2d 1089 (1998).

“The modem trend, which is followed in Connecticut, is to constme pleadings broadly and realistically, rather than narrowly and technically. . . . Although essential allegations may not be supplied by conjecture or remote implication . . . the complaint must be read in its entirety in such a way as to give effect to the pleading with reference to the general theory upon which it proceeded, and do substantial justice between the parties. ... As long as the pleadings provide sufficient notice of the facts claimed and the issues to be tried and do not surprise or prejudice the opposing party, we will not conclude that the complaint is insufficient to allow recovery.” (Internal quotation marks omitted.) Forte v. Citicorp Mortgage, Inc., supra, 66 Conn. App. 484-85.

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Cite This Page — Counsel Stack

Bluebook (online)
823 A.2d 340, 77 Conn. App. 260, 2003 Conn. App. LEXIS 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abb-automation-inc-v-zaharna-connappct-2003.