Goodson v. State

635 A.2d 285, 228 Conn. 106, 1993 Conn. LEXIS 408
Supreme Court of Connecticut·Decided December 14, 1993·No. 14679·Published·Cited by 37 cases

Opinion

Berdon, J.

The question we certified in this appeal1 raises the following issues: (1) whether an order entered pursuant to General Statutes § 52-4222 reinstating an employee pending the resolution of the grievance procedure established by a collective bargaining agreement is a final judgment from which an aggrieved party can appeal; (2) whether this appeal is moot because the order of temporary reinstatement expired; and (3) whether the failure to seek review, pursuant to Prac[109] tice Book §§ 40493 and 4053,4 of the denial of a stay of execution sought pursuant to Practice Book § 40475 is a permissible ground for dismissal of the underlying appeal.

On May 12, 1992, the defendant state of Connecticut through the warden of the John R. Manson Youth Institution, a state correctional facility, terminated the employment of the plaintiff Steven Goodson. Goodson and his collective bargaining agent, the plaintiff American Federation of State, County and Municipal Employees, Local No. 387 (union), challenged the discharge by filing a grievance pursuant to the collective bargaining agreement then in force between the union and the defendant. The third and final prearbitration step of the contractual grievance procedure was scheduled to take place on August 18, 1992.6 On July 9, 1992, the [110] plaintiffs brought a petition in the trial court under § 52-422, seeking to have Goodson reinstated as an employee pending the disposition of the third step of the grievance procedure. On August 6,1992, the trial court, Stengel, J., ordered that Goodson be reinstated until September 3, 1992.

The defendant took a timely appeal to the Appellate Court from the order of reinstatement. The defendant sought appellate review of the following: Was the trial court correct “in entering an order which is contrary to both the agreement of the parties as reflected in the collective bargaining agreement and the state’s public policy pursuant to the State Personnel Act” and in “entering an order which is contrary to the language and purpose of [General Statutes] § 52-422?”7

[111] The defendant, pursuant to Practice Book § 4047, sought two stays from the trial court’s order of reinstatement. The first, which was requested before the appeal was taken, was denied by the court, Dorsey, J., without prejudice. The second request for a stay was sought after the appeal had been taken, but was not heard by the court until the date the reinstatement order had expired, and the court, Stengel, J., denied it as moot. The defendant did not seek a review from the Appellate Court under Practice Book § 4053 of the trial court’s denials of the requests for a stay.

On December 3,1992, while the appeal was pending, the Appellate Court, on its own motion, ordered the parties to show cause why the appeal should not be dismissed because of the lack of a final judgment, mootness and failure to comply with Practice Book §§ 4049 and 4053. The Appellate Court granted the motion to dismiss without articulating the grounds upon which it was granted. Accordingly, we will review all three issues raised in the Appellate Court’s motion to show cause in order to determine if there existed any proper ground to dismiss the appeal.

I

The defendant first claims that the Appellate Court incorrectly dismissed the appeal on the ground that the trial court’s order reinstating Goodson under § 52-422 is not a final judgment. With certain exceptions pertaining to interlocutory orders or rulings; Madigan v. Madigan, 224 Conn. 749, 752, 620 A.2d 1276 (1993); State v. Curcio, 191 Conn. 27, 31, 463 A.2d 566 (1983); a party may appeal only from a final judgment. General Statutes §§ 52-263 and 51-197a; Solomon v. Keiser, 212 Conn. 741, 745-46, 562 A.2d 524 (1989). “The finality requirement underlying our appellate review represents a clear and firm policy against piecemeal appeals.” State v. Powell, 186 Conn. 547, 551, 442 A.2d [112]*112939, cert. denied sub nom. Moeller v. Connecticut, 459 U.S. 838, 103 S. Ct. 85, 74 L. Ed. 2d 80 (1982).

The test of a final judgment is “ ‘if the rights of the parties are concluded so that further proceedings cannot affect them Monroe v. Monroe, 177 Conn. 173, 176, 413 A.2d 819, appeal dismissed, 444 U.S. 801,100 S. Ct. 20, 62 L. Ed. 2d 14 (1979). “This is true whether the ruling is made in an independent proceeding or is incidental to the main issue.” Northeastern Gas Transmission Co. v. Brush, 138 Conn. 370, 374, 84 A.2d 681 (1951).

Section 52-422 confers on the trial court broad jurisdiction to enter orders and decrees pending an arbitration “as may be necessary to protect the rights of the parties pending the rendering of the award and to secure the satisfaction thereof when rendered and confirmed.” Although it might be desirable to adopt a bright line approach to apply to appeals pursuant to specific statutes that would obviate the need for individual case determinations; see Paranteau v. DeVita, 208 Conn. 515, 520, 544 A.2d 634 (1988); such an approach is not possible or practical in the present case because of the broad sweep of § 52-422. Accordingly, we must focus our lens on the specific remedy crafted by the trial court.

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Goodson v. State, 635 A.2d 285, 228 Conn. 106, 1993 Conn. LEXIS 408 (Colo. 1993).

635 A.2d 285 (Goodson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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