Ford Motor Credit Co. v. B. W. Beardsley, Inc.

542 A.2d 1159, 208 Conn. 13, 1988 Conn. LEXIS 161
CourtSupreme Court of Connecticut
DecidedJune 21, 1988
Docket13327
StatusPublished
Cited by47 cases

This text of 542 A.2d 1159 (Ford Motor Credit Co. v. B. W. Beardsley, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford Motor Credit Co. v. B. W. Beardsley, Inc., 542 A.2d 1159, 208 Conn. 13, 1988 Conn. LEXIS 161 (Colo. 1988).

Opinion

Santaniello, J.

The plaintiff, Ford Motor Credit Company, brought an action for replevin of certain motor vehicles in the possession of the defendant, B. W. Beardsley, Inc. On June 27,1986, the plaintiff directed an ex parte application for the prejudgment remedy of replevin to a judge of the Superior Court for the judicial district of Hartford-New Britain at Hartford. Thereafter, on July 10,1986, the court issued an order authorizing the replevin of certain property. The action was made returnable to the judicial district of New Haven on August 19, 1986.

On December 15,1986, the parties appeared before the court in the judicial district of New Haven on the defendant’s motion to dissolve the prejudgment remedy. The defendant contended, inter alia, that the ex parte prejudgment application was improper as it was made to a judge of the Superior Court for the judicial district of Hartford-New Britain at Hartford, rather than to the judicial district of New Haven, in violation of General Statutes § 52-278c (a) (l).1 The plaintiff con[15]*15tended that pursuant to General Statutes § 52-278e* 2 it was unnecessary to direct the ex parte application to the court to which the action was returnable. The court, after accepting an offer of proof from the plaintiff, vacated the plaintiffs prejudgment remedy of replevin on the ground that the plaintiff had failed to comply with § 52-278c (a) (1) by failing to direct its ex parte application for prejudgment remedy to the court to which the action was returnable.

The plaintiff thereafter took this appeal contending that the trial court erred in: (1) vacating the plaintiffs prejudgment remedy on the ground that an ex parte application for a prejudgment remedy must be presented to the court wherein the action is returnable; (2) vacating the plaintiffs prejudgment remedy without allowing the plaintiff an opportunity to prove prob[16]*16able cause at the hearing on the defendant’s motion to dissolve the prejudgment remedy; and (3) failing to grant the plaintiff’s motion to stay the court’s order of December 15,1986, vacating the plaintiff’s prejudgment remedy of replevin.* *3 As we find that the court erred in vacating the plaintiff’s prejudgment remedy on the Basis that the ex parte application had to be directed to the court to which the action was returnable, it is unnecessary to address the remaining issues.

General Statutes § 52-278a et seq. was “enacted in response to the constitutional instructions of Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972), and Sniadach v. Family Finance Corporation, 395 U.S. 337, 89 S. Ct. 1820, 23 L. Ed. 2d 349 (1969), [and under that statute,] prejudgment remedies were no longer to be automatically issued by attorneys as commissioners of the Superior Court. Instead, such [17]*17remedies were to be granted only by a court and, except under the exceptional circumstances specified by the statute, only after a hearing conducted in accordance with the requirements of due process.” Sellner v. Beechwood Construction Co., 176 Conn. 432, 434, 407 A.2d 1026 (1979). In order to comply with due process, notice and an opportunity to be heard must be afforded litigants “ ‘at a meaningful time and in a meaningful manner.’” Fermont Division v. Smith, 178 Conn. 393, 397, 423 A.2d 80 (1979). In accordance with § 52-278e, a prejudgment remedy may issue without notice to the defendant or without a hearing, upon verification to the court by oath of the plaintiff or some competent affiant, that there is probable cause to sustain the validity of the plaintiff’s claim. Glanz v. Testa, 200 Conn. 406, 408-409, 511 A.2d 341 (1986). In order to comply with federal due process requirements, § 52-278e guarantees a defendant the opportunity for an immediate postseizure hearing at which time the court will dissolve the prejudgment remedy unless it determines that probable cause exists to sustain the plaintiff’s claim. Id., 409; Fermont Division v. Smith, supra, 397-98.

The remedy of allowing a plaintiff to secure a defendant’s property in order to satisfy a potential judgment in favor of the plaintiff is a creature of statute. Glanz v. Testa, supra, 408; Essex Group, Inc. v. Ducci Electric Co., 181 Conn. 524, 525, 436 A.2d 16 (1980); Ledgebrook Condominium Assn., Inc. v. Lusk Corporation, 172 Conn. 577, 582, 376 A.2d 60 (1977). No party may obtain a prejudgment remedy in any action unless the party seeking the prejudgment remedy has complied with the statutory mandates. Essex Group, Inc. v. Ducci Electric Co., supra; Ledgebrook Condominium Assn., Inc. v. Lusk Corporation, supra, 583. The defendant contends that the plaintiff, by directing its ex parte application for the prejudgment remedy to a court other [18]*18than the one to which the action was returnable, circumvented the mandatory statutory procedures delineated in the prejudgment remedy statute. The plaintiff claims that no such procedure is required by the statute.

“A statute does not become ambiguous solely because the parties disagree as to its meaning.” Commissioner v. Freedom of Information Commission, 204 Conn. 609, 620, 529 A.2d 692 (1987); Luttrell v. Luttrell, 184 Conn. 307, 310-11, 439 A.2d 981 (1981); Harris Data Communications, Inc. v. Heffernan, 183 Conn. 194, 198, 438 A.2d 1178 (1981). A statute is to be read as a whole; Clinton Nurseries, Inc. v. Commissioner of Revenue Services, 205 Conn. 761, 766, 535 A.2d 361 (1988); Struckman v. Burns, 205 Conn. 542, 546, 534 A.2d 888 (1987); American Universal Ins. Co. v. DelGreco, 205 Conn. 178, 193, 530 A.2d 171 (1987); University of Connecticut Chapter, AAUP v. Governor, 200 Conn. 386, 399, 512 A.2d 152 (1986); Orticelli v. Powers, 197 Conn. 9, 14, 495 A.2d 1023 (1985); “with a view toward reconciling its separate parts in order to render a reasonable overall interpretation.” American Universal Ins. Co. v. DelGreco, supra;

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Bluebook (online)
542 A.2d 1159, 208 Conn. 13, 1988 Conn. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-motor-credit-co-v-b-w-beardsley-inc-conn-1988.