Klanica v. Brodach-Briarcliffe, Inc., No. Cv96-0253418s (Sep. 5, 1996)

Connecticut Superior Court

Klanica v. Brodach-Briarcliffe, Inc., No. Cv96-0253418s (Sep. 5, 1996)

1996 Conn. Super. Ct. 5578-III

CourtConnecticut Superior Court

DecidedSeptember 5, 1996

DocketNo. CV96-0253418S

StatusUnpublished

This text of 1996 Conn. Super. Ct. 5578-III (Klanica v. Brodach-Briarcliffe, Inc., No. Cv96-0253418s (Sep. 5, 1996)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Klanica v. Brodach-Briarcliffe, Inc., No. Cv96-0253418s (Sep. 5, 1996), 1996 Conn. Super. Ct. 5578-III (Colo. Ct. App. 1996).

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Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]ORDER (re #103) After hearing held on defendants' motion to dismiss, it is hereby Ordered: denied, for the following reasons:

"[P]ursuant to Practice Book Sec. 198, the exclusive method to raise the issue of nonjoinder of an indispensable party is by way of a motion to strike the plaintiff's complaint." Hilton v.New Haven 233 Conn. 701, 723 (1995). The failure to join an indispensable party does not implicate jurisdiction; W. G.Glenney Co. v. Bianco, 27 Conn. App. 199, 202 (1992); and will not defeat an action on a claim that the court lacked jurisdictional authority to render its judgment. DeRosa v.DeRosa, 22 Conn. App. 114, 117 (1990).

Gaffney, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]ORDER (re #103) After hearing held on defendants' motion to dismiss, it is hereby Ordered: denied, for the following reasons:

"[P]ursuant to Practice Book Sec. 198, the exclusive method to raise the issue of nonjoinder of an indispensable party is by way of a motion to strike the plaintiff's complaint." Hilton v.New Haven 233 Conn. 701, 723 (1995). The failure to join an indispensable party does not implicate jurisdiction; W. G.Glenney Co. v. Bianco, 27 Conn. App. 199, 202 (1992); and will not defeat an action on a claim that the court lacked jurisdictional authority to render its judgment. DeRosa v.DeRosa, 22 Conn. App. 114, 117 (1990).

Gaffney, J.

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Bluebook (online)

1996 Conn. Super. Ct. 5578-III, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klanica-v-brodach-briarcliffe-inc-no-cv96-0253418s-sep-5-1996-connsuperct-1996.

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