Parks v. Department of Motor Vehicles, No. Cv95 0705659 (Feb. 22, 1995)

Connecticut Superior Court

Parks v. Department of Motor Vehicles, No. Cv95 0705659 (Feb. 22, 1995)

1995 Conn. Super. Ct. 1761

CourtConnecticut Superior Court

DecidedFebruary 22, 1995

DocketNo. CV95 0705659

StatusUnpublished

This text of 1995 Conn. Super. Ct. 1761 (Parks v. Department of Motor Vehicles, No. Cv95 0705659 (Feb. 22, 1995)) 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.

Bluebook

Parks v. Department of Motor Vehicles, No. Cv95 0705659 (Feb. 22, 1995), 1995 Conn. Super. Ct. 1761 (Colo. Ct. App. 1995).

Pincite

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION RE MOTION TO DISMISS Plaintiff claims to have brought this action by "Motion for Exparte (sic) Emergency Temporary Restraining Order."

The court can find no writ of summons as is required CT Page 1762 by C.G.S. § 52-45a. Such a writ "shall be signed by a commissioner of the superior court or a judge or clerk of the court to which it is returnable." The court can find no such signature in the file. Nor does the court find a return day. id.

In addition there has been no return of process to this court as is required by C.G.S. § 52-46a.

These defects are not circumstantial. C.G.S. § 52-123.

The court has no jurisdiction.

Motion to dismiss is granted.

N. O'Neill, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION RE MOTION TO DISMISS Plaintiff claims to have brought this action by "Motion for Exparte (sic) Emergency Temporary Restraining Order."

The court can find no writ of summons as is required CT Page 1762 by C.G.S. § 52-45a. Such a writ "shall be signed by a commissioner of the superior court or a judge or clerk of the court to which it is returnable." The court can find no such signature in the file. Nor does the court find a return day. id.

In addition there has been no return of process to this court as is required by C.G.S. § 52-46a.

These defects are not circumstantial. C.G.S. § 52-123.

The court has no jurisdiction.

Motion to dismiss is granted.

N. O'Neill, J.

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Bluebook (online)

1995 Conn. Super. Ct. 1761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parks-v-department-of-motor-vehicles-no-cv95-0705659-feb-22-1995-connsuperct-1995.

Opinion

N. O'Neill, J.

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