Papagorgiou v. Anastopoulous

613 A.2d 853, 29 Conn. App. 142, 1992 Conn. App. LEXIS 360
CourtConnecticut Appellate Court
DecidedSeptember 15, 1992
Docket10380
StatusPublished
Cited by12 cases

This text of 613 A.2d 853 (Papagorgiou v. Anastopoulous) 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
Papagorgiou v. Anastopoulous, 613 A.2d 853, 29 Conn. App. 142, 1992 Conn. App. LEXIS 360 (Colo. Ct. App. 1992).

Opinions

Landau, J.

This is the second appeal to this court relating to the resolution of the question of whether the plaintiff or the defendants held title to the property located at 8 Orange Street in New Haven, prior to the taking of the property by the city of New Haven by eminent domain in 1989. See Papagorgiou v. Anastopoulous, 23 Conn. App. 522, 582 A.2d 1181 (1990). There are two other actions involving this property presently pending in the courts. The first, which was argued with this appeal; New Haven v. Konstandinidis, 29 Conn. App. 139, 612 A.2d 822 (1992); is an appeal to this court from the granting of a summary process judgment of possession in favor of the city of New Haven against Angelika Papagorgiou, the plaintiff in this action. The other action, which has been stayed in the trial court pending disposition of this appeal, involves a challenge by the defendants in this action to the statement of compensation filed by the city of New Haven on August 11, 1989, in the condemnation proceeding. The plaintiff here, Angelika Papagorgiou, was permitted to intervene in the condemnation action because of her claim that she possessed equitable title to the property on the date of the condemnation.

[144]*144In this case, the defendants appealed and the plaintiff cross appealed from the judgment of the trial court rendered after a remand ordered by this court. See Papagorgiou v. Anastopoulous, supra. On remand, the trial court determined that the defendants had breached the parties’ lease agreement in which the defendants leased the premises to the plaintiff with an option to purchase, as of May 21, 1987, the date on which the defendants received notice that the plaintiff was exercising the option clause in the lease. The court further determined that the taking of the property by the city of New Haven by eminent domain prevented the court from awarding the plaintiff relief on her claim for specific performance. Because the court concluded that it could not grant specific performance, it refused to “replace the defendants with the plaintiff in the condemnation proceeding.” The court then determined that “the appropriate remedy is monetary damages” and awarded the plaintiff money damages in the amount of $57,800 for breach of the lease agreement between the parties.1

On appeal, the defendants dispute the trial court’s determination that the plaintiff validly exercised the option clause contained in the lease agreement between the parties and also challenge the court’s calculation of damages.2

[145]*145On the cross appeal, the plaintiff claims that “[a] decree giving her the right of ownership at the time of the taking, less the option price, would have placed her in the same position she would have been in had the defendants honored the contract.” She therefore seeks a judgment from this court declaring her the rightful owner of the property as of the date of the taking by the city of New Haven because she effectively exercised her option to buy on May 21, 1987. If the plaintiff prevailed on her cross appeal, she would be entitled to receive whatever amount of compensation is determined to be due in the condemnation action, less the amount of the option price of $90,000, which, she agrees, would be due the defendants. While the plaintiff acknowledges that the declaration of equitable title which she seeks disentitles her to the $40,000 portion of the court’s damage award, she argues that she is still entitled to receive the additional $17,800 for rent paid to the defendants and for the other expenses articulated by the trial court; see footnote 1, supra; because the court recognized that the plaintiff possessed equitable title as of the date of the exercise of the option, May 21, 1987.

We need not reach the merits of the parties’ appellate arguments because, under Practice Book § 4055,3 the defendants’ failure to file a brief on the plaintiff’s cross appeal has already resulted in the rendering of a judgment for the plaintiff on her cross appeal. The issues on the main appeal are rendered moot because the issues briefed by the defendants; see footnote 2, supra; have been resolved against them by their own inaction.

[146]*146Mootness applies to situations where events have occurred during the pendency of an appeal that make an appellate court incapable of granting practical relief through a disposition on the merits. State v. Tippetts-Abbett-McCarthy-Stratton, 204 Conn. 177, 181, 527 A.2d 688 (1987). “The standards governing mootness are well established. Because this court has no jurisdiction to give advisory opinions, no appeal can be decided on its merits in the absence of an actual controversy for which judicial relief can be granted. Sobocinski v. Freedom of Information Commission, 213 Conn. 126, 134-35, 566 A.2d 703 (1989); Shays v. Local Grievance Committee, 197 Conn. 566, 571, 499 A.2d 1158 (1985); Waterbury Hospital v. Connecticut Health Care Associates, 186 Conn. 247, 249-50, 440 A.2d 310 (1982); Connecticut Foundry Co. v. International Ladies Garment Workers Union, 177 Conn. 17, 19, 411 A.2d 1 (1979); Reynolds v. Vroom, 130 Conn. 512, 515, 36 A.2d 22 (1944).” Moshier v. Goodnow, 217 Conn. 303, 306-307, 586 A.2d 557 (1991). As a result of the defendants’ inaction and the subsequent judgment rendered in favor of the plaintiff, no controversy exists in this case.

Counsel for the defendants had been summoned to appear before this court on January 9, 1992, to explain why “the [cross] appeal should not be disposed of [pursuant to Practice Book § 4055] and why sanctions should not be imposed [pursuant to Practice Book § 4184]4 for failure to file the documents listed or to pursue the [cross] appeal with diligence.” The order further specified that the brief of the defendant crossappellee, which was due on December 4, 1991, was at issue in the hearing.

[147]*147During the January 9 hearing, counsel for the defendants attributed his failure to file the brief solely to staffing problems in his office. At no time did he request permission not to file a brief on the cross appeal, nor did he argue that in his opinion a brief was unnecessary. He stated unequivocally that he would file a cross appellee’s brief “in two weeks.” This court accepted his assurance, and, over strong objection by the plaintiff’s counsel,5 allowed a two week extension to file the brief.

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Bluebook (online)
613 A.2d 853, 29 Conn. App. 142, 1992 Conn. App. LEXIS 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/papagorgiou-v-anastopoulous-connappct-1992.