Hud/Barbour-Waverly v. Wilson

668 A.2d 1309, 235 Conn. 650, 1995 Conn. LEXIS 436
Supreme Court of Connecticut·Decided December 26, 1995·No. 15177·Published·Cited by 34 cases

Opinion

CALLAHAN, J.

The sole issue in this certified appeal1 is whether, in an appeal from a judgment of possession in a summary process eviction proceeding, the failure of the defendant to comply with the five day time limit specified by General Statutes § 47a-35 deprived the [652]*652Appellate Court of subject matter jurisdiction. The plaintiff, HUD/Barbour-Waverly, is the owner and operator of Chappelle Gardens, an apartment complex located at 108 Waverly Street, Hartford, in which the defendant, Lenora Wilson, formerly resided.2

On November 24,1992, the plaintiff, pursuant to General Statutes § 47a-15,3 sent the defendant notice of a [653]*653violation of her lease agreement.4 Having failed to correct the alleged violation, on December 29, 1992, the defendant was served, pursuant to General Statutes § 47a-23, with a notice to quit possession of her leased premises on or before January 4, 1993. The defendant did not vacate the premises and, on January 5, 1993, the plaintiff brought a summary process action under General Statutes § 47a-23a5 seeking to evict the defendant from her apartment on the basis of her alleged violation of the rental agreement between the parties. After a trial, the trial court rendered a judgment of possession in favor of the plaintiff on August 5, 1993. Within the five day period allowed by § 47a-356 for an [654]*654aggrieved party in a summary process action to file an appeal, the defendant moved the trial court for an extension of time to do so pursuant to Practice Book § 4040.7 That motion was granted by the trial court on [655]*655August 16,1993, although neither the defendant’s motion for an extension of time nor the trial court’s order granting the defendant’s motion specified the length of time for which the extension was sought or granted.

Subsequently, on August 30, 1993, the defendant appealed to the Appellate Court, nineteen days after the expiration of the appeal period set forth in § 47a-35. The Appellate Court ordered the parties to file supplemental briefs on the issue of whether the defendant’s appeal should be dismissed for lack of subject matter jurisdiction because the appeal had not been timely filed. After reviewing the briefs and hearing oral argument on the jurisdictional issue, the Appellate Court dismissed the appeal. We affirm that judgment of dismissal.

In Ambroise v. William Raveis Real Estate, Inc., 226 Conn. 757, 764, 628 A.2d 1303 (1993), we held that the issue of whether a statutory time limitation for the filing of an appeal implicates appellate subject matter jurisdiction “devolves into a question of statutory construction: did the legislature, in imposing the time limitation, intend to impose a subject matter jurisdictional require[656]*656ment on the right to appeal? ‘We approach this question according to well established principles of statutory construction designed to further our fundamental objective of ascertaining and giving effect to the apparent intent of the legislature. State v. Kozlowski, 199 Conn. 667, 673, 509 A.2d 20 (1986); Hayes v. Smith, 194 Conn. 52, 57, 480 A.2d 425 (1984). In seeking to discern that intent, we look to the words of the statute itself, to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter. Dart & Bogue Co. v. Slosberg, 202 Conn. 566, 572, 522 A.2d 763 (1987). . . . Texaco Refining & Marketing Co. v. Commissioner, 202 Conn. 583, 589, 522 A.2d 771 (1987).’ ” Id., 764; see Frillici v. Westport, 231 Conn. 418, 431-32, 650 A.2d 557 (1994). The issue presented, therefore, is whether the legislature intended to make the five day time limitation set forth in § 47a-35 a jurisdictional prerequisite to an appeal from a housing court ruling in a summary process eviction proceeding. We conclude that it did.

As with any issue of statutory interpretation, our initial guide is the language of the statute itself. Frillici v. Westport, supra, 231 Conn. 430; West Hartford Interfaith Coalition v. Town Council, 228 Conn. 498, 508, 636 A.2d 1342 (1994); Stitzer v. Rinaldi’s Restaurant, 211 Conn. 116, 118, 557 A.2d 1256 (1989); Federal Aviation Administration v. Administrator, 196 Conn. 546, 549-50, 494 A.2d 564 (1985). In Ambroise v. William Raveis Real Estate, Inc., supra, 226 Conn. 762, we concluded that a time limitation expressed in language similar to the language of § 47a-35 was jurisdictional. General Statutes § 52-2781 (b), the statute at issue in Ambroise, provides: “Wo such appeal [from an order granting or denying a prejudgment remedy] shall be taken except within seven days of the rendering of the [657]*657order from which the appeal is to be taken.” (Emphasis added.) Section 47a-35, the statute presently at issue, allows for a five day stay of execution of a summary process judgment and then clearly provides that “[a]n appeal shall not be taken except within such period.” (Emphasis added.) The legislature is the branch of government empowered to bestow subject matter jurisdiction upon the courts. See Grieco v. Zoning Commission, 226 Conn. 230, 231, 627 A.2d 432 (1993). If its language in drafting and enacting a statute is clear and unambiguous, there is no room for alteration of the legislative decision by the judicial branch through Practice Book provision or otherwise. See Ambroise v. William Raveis Real Estate, Inc., supra, 763. As we stated in Ambroise, “[t]hat language means what it says.” Id., 765. “A statute which provides that a thing shall be done in a certain way carries with it an implied prohibition against doing that thing in any other way.” (Internal quotation marks omitted.) Iovieno v. Commissioner of Correction, 222 Conn. 254, 258, 608 A.2d 1174 (1992) (habeas statute that provides that “[n]o appeal . . . may be taken” except within statutorily prescribed period gives habeas court no discretion to hear untimely appeals; id., 256-57).

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Hud/Barbour-Waverly v. Wilson, 668 A.2d 1309, 235 Conn. 650, 1995 Conn. LEXIS 436 (Colo. 1995).

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