Miller v. Chupcavich, No. Cv92298876s (Dec. 16, 1994)

Connecticut Superior Court

Miller v. Chupcavich, No. Cv92298876s (Dec. 16, 1994)

1994 Conn. Super. Ct. 12217-DD, 13 Conn. L. Rptr. 442

Connecticut Superior Court·Decided December 16, 1994·No. No. CV92298876S·Unpublished

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM FILED DECEMBER 16, 1994 The plaintiff requests the court to issue a capias for defendant David J. Chupcavich. Defendant Chupcavich is a pro se defendant. He failed to appear for a deposition at the office of the plaintiff's attorney. The court declines to issue a capias.

In denying the request, the court has considered the following factors: (1) the defendant was directed to appear at a private office rather than a court house for a court hearing, see General Statutes § 52-143(d); and (2) the need for the deposition was not shown. It appears that this case is ready for a final hearing. The plaintiff commenced this foreclosure action on October 13, 1992. None of the defendants have filed a defense. On October 11, 1993, a default was entered against defendant David J. Chupcavich for failure to plead. Defaults have also been entered against other defendants. The plaintiff CT Page 12217-EE should be able to proceed to judgment. "The court has the authority to decline to issue a capias when the circumstances do not justify or require it." DiPalma v.Wiesen, 163 Conn. 293, 298 (1972).

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM FILED DECEMBER 16, 1994 The plaintiff requests the court to issue a capias for defendant David J. Chupcavich. Defendant Chupcavich is a pro se defendant. He failed to appear for a deposition at the office of the plaintiff's attorney. The court declines to issue a capias.

In denying the request, the court has considered the following factors: (1) the defendant was directed to appear at a private office rather than a court house for a court hearing, see General Statutes § 52-143(d); and (2) the need for the deposition was not shown. It appears that this case is ready for a final hearing. The plaintiff commenced this foreclosure action on October 13, 1992. None of the defendants have filed a defense. On October 11, 1993, a default was entered against defendant David J. Chupcavich for failure to plead. Defaults have also been entered against other defendants. The plaintiff CT Page 12217-EE should be able to proceed to judgment. "The court has the authority to decline to issue a capias when the circumstances do not justify or require it." DiPalma v.Wiesen, 163 Conn. 293, 298 (1972).

Miller v. Chupcavich, No. Cv92298876s (Dec. 16, 1994), 1994 Conn. Super. Ct. 12217-DD, 13 Conn. L. Rptr. 442 (Colo. Ct. App. 1994).

Pincite

1994 Conn. Super. Ct. 12217-DD (Miller v. Chupcavich, No. Cv92298876s (Dec. 16, 1994)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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