Heard v. Montanez, No. Cv95 0149551 S (Oct. 8, 1996)

Connecticut Superior Court

Heard v. Montanez, No. Cv95 0149551 S (Oct. 8, 1996)

1996 Conn. Super. Ct. 7817

Connecticut Superior Court·Decided October 8, 1996·No. No. CV95 0149551 S·Unpublished

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION The defendant's motion to dismiss (#102) is granted. The complaint was not timely served and was not timely returned to court pursuant to General Statutes §§ 52-46 and 52-46a. "This statute is mandatory and failure to comply with its requirements as to the time when process shall be served renders the proceeding voidable and subject to abatement." Rogozinski v.American Food Service Equip. Corp., 211 Conn. 431, 433,559 A.2d 1110 (1989). Voidable means voidable at the defendant's instance.Bergin v. Bergin, 3 Conn. App. 566, 569, 490 A.2d 543 (1985). The defendant has not waived the defect. Accordingly, the motion is granted.

RYAN, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION The defendant's motion to dismiss (#102) is granted. The complaint was not timely served and was not timely returned to court pursuant to General Statutes §§ 52-46 and 52-46a. "This statute is mandatory and failure to comply with its requirements as to the time when process shall be served renders the proceeding voidable and subject to abatement." Rogozinski v.American Food Service Equip. Corp., 211 Conn. 431, 433,559 A.2d 1110 (1989). Voidable means voidable at the defendant's instance.Bergin v. Bergin, 3 Conn. App. 566, 569, 490 A.2d 543 (1985). The defendant has not waived the defect. Accordingly, the motion is granted.

RYAN, J.

Heard v. Montanez, No. Cv95 0149551 S (Oct. 8, 1996), 1996 Conn. Super. Ct. 7817 (Colo. Ct. App. 1996).

Pincite

1996 Conn. Super. Ct. 7817 (Heard v. Montanez, No. Cv95 0149551 S (Oct. 8, 1996)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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