Hallenbeck v. St. Mark Evangelist Corp.

616 A.2d 1170, 29 Conn. App. 618, 1992 Conn. App. LEXIS 424
CourtConnecticut Appellate Court
DecidedDecember 1, 1992
Docket10908
StatusPublished
Cited by25 cases

This text of 616 A.2d 1170 (Hallenbeck v. St. Mark Evangelist Corp.) 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
Hallenbeck v. St. Mark Evangelist Corp., 616 A.2d 1170, 29 Conn. App. 618, 1992 Conn. App. LEXIS 424 (Colo. Ct. App. 1992).

Opinion

Dupont, C. J.

The principal issue to be decided on this appeal is whether the trial court incorrectly determined that the town of West Hartford had not properly intervened as a party plaintiff, pursuant to the workers’ compensation law; General Statutes § 31-293 (a);1 [620]*620in this action brought by the plaintiff against the defendant for injuries the plaintiff had sustained while in the course of his employment for the town. We agree that the trial court’s determination was incorrect.

The town, within thirty days of the notice to it of the suit by the plaintiff, simultaneously filed two pleadings, one entitled “Intervention by Town of West Hartford” and the other, “Intervening Complaint.”2 The plaintiff contends that neither he nor the defendant received these pleadings, although the town’s attorney certified that they were sent to counsel for the plaintiff and directly to the defendant. The town did not file a pleading entitled “motion to intervene,” requesting the court’s permission to intervene.

Approximately fourteen months after the filing of its intervention and intervening complaint, the town realized that the named parties were actively litigating the matter without its involvement. The town then filed an appearance form.3 Three months later, the plaintiff filed an objection to the town’s intervention, asserting that the town had not properly intervened. The [621]*621bases for the plaintiff’s objection were that the town had failed to file the requisite motion to intervene, and that this failure was not cured by the filing of the appearance form. The plaintiff therefore requested that the town’s “Intervening Complaint” be stricken.

The trial court denied the plaintiffs objection to the town’s intervention.4 The trial court’s memorandum states in its entirety: “If, as the plaintiff contends, the alleged intervening plaintiff has not properly intervened, there is nothing to object to at this time. The filing of an appearance does not give rise to a new motion to intervene.”

The town thereupon filed a motion for clarification, contending that the plaintiff and the town disagreed as to the effect of the trial court’s decision. In response, the trial court issued the following clarification: “The Town of West Hartford has not procedurally intervened. The Town has filed an appearance by counsel. The plaintiff objected to the Town appearing to intervene by virtue of the filed appearance by counsel for the Town. The court previously held and still so holds that filing of an appearance slip is not a formal intervention in the case. Therefore there is nothing to rule on.”

The town then filed a motion for order seeking “an order . . . declaring the status of the Town’s intervention in the present action.” The court responded to the motion for order by indicating that the town had not properly intervened because the town had made no motion to intervene.5 The town now appeals from [622]*622the trial court’s decision “declaring the Town of West Hartford failed to intervene.”

Preliminarily, we note that the trial court’s determination that the town failed to intervene constitutes a final judgment for the purposes of appeal. “The test for determining whether an order denying a motion to intervene constitutes a final judgment is whether the would-be intervenor can make a colorable claim to intervention as a matter of right.” (Internal quotation marks omitted.) Winslow v. Lewis-Shepard, Inc., 216 Conn. 533, 536, 582 A.2d 1174 (1990). It is clear that, had the town made a motion to intervene and had the motion been denied, the town could then have appealed from this denial because General Statutes § 31-293 (a) specifically grants an employer the right to intervene if done within thirty days of notice of the commencement of the action. Id., 536-37; Rodia v. Tesco Corporation, 11 Conn. App. 391, 393, 527 A.2d 721 (1987). Here, because the town never made a motion to intervene, the trial court obviously never denied such a motion. By refusing to recognize the town’s attempts to intervene, however, the practical effect of the trial court’s rulings was the same as if the town had moved to intervene and the trial court had denied the motion. Accordingly, the town has appealed from a final judgment and [623]*623we have jurisdiction to decide the merits of the appeal.6 Practice Book § 4000.

When determining whether a party has complied with the requirements of a particular statute, our inquiry always begins with the words of the statute itself. See, e.g., Winslow v. Lewis-Shepard, Inc., supra, 537; Kinney v. State, 213 Conn. 54, 60, 566 A.2d 670 (1989). General Statutes § 31-293 (a) states that in a third party suit initiated under the workers’ compensation law, a plaintiff’s employer “may join as a party plaintiff in the action within thirty days after such notification [of the commencement of the action], and, if the [employer] fails to join as a party plaintiff, his right of action against the [defendant] shall abate.” Unlike the general intervention statute, General Statutes § 52-102,7 which expressly requires that such intervention be accomplished by motion, § 31-293 (a) contains no such requirement. Section 31-293 (a) simply states that any proper party attempting to intervene “may join . . . in the action” conditioned only on the requirement that such a “joining” be accomplished within thirty days of notice of the original suit.

The plaintiff ignores § 31-293 (a) and instead focuses on § 52-102, which, as noted, requires the prospective [624]*624intervenor to move the court for permission to intervene. Conversely, the town argues that under § 31-293 (a) it had an absolute right to intervene and was not required to make a motion in order to exercise this right. The town further argues that if a motion were the only acceptable method of intervening in this type of action, then Practice Book Form 804.17 would serve no purpose.

It is well established that “[a]s a matter of statutory construction, specific statutory provisions are presumed to prevail over more general statutory provisions dealing with the same overall subject matter.” (Internal quotation marks omitted.) State v. Champagne, 206 Conn. 421, 435, 538 A.2d 193 (1988); see also 2B J. Sutherland, Statutory Construction (5th Ed. 1992) § 51.02. It is an equally well established maxim that “in the absence of ambiguity, courts cannot read into statutes, by construction, provisions which are not clearly stated.” Carothers v. Capozziello, 215 Conn. 82, 129, 574 A.2d 1268 (1990); see also 2A J. Sutherland, Statutory Construction (5th Ed. 1992) § 47.38. Applying these principles, we determine that § 31-293 (a) rather than § 52-102 controls in this case.

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Bluebook (online)
616 A.2d 1170, 29 Conn. App. 618, 1992 Conn. App. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hallenbeck-v-st-mark-evangelist-corp-connappct-1992.