Schieffelin & Co. v. Department of Liquor Control

521 A.2d 566, 202 Conn. 405, 1987 Conn. LEXIS 771
Supreme Court of Connecticut·Decided March 3, 1987·No. 12921; 12922·Published·Cited by 47 cases

Opinion

Peters, C. J.

The dispositive issue in these cases is whether this administrative appeal was finally adjudicated, for purposes of appeal to this court, when the trial court remanded the case for administrative resolution of an issue which the administrative tribunal had failed to adjudicate. We hold that there was no final judgment, and therefore dismiss this appeal.

The underlying litigation arose out of efforts by the plaintiff, Schieffelin & Co., to terminate the distributorships of several liquor wholesale licensees, including the defendants Brescóme Distributing Corporation and Eder Brothers, Inc. Its history is described in full in our earlier opinion in Schieffelin & Co. v. Department of Liquor Control, 194 Conn. 165, 479 A.2d 1191 (1984). As it was required to do by the terms of General Statutes § 30-17 (a) (2),1 the plaintiff sought per[407] mission from the defendant Department of Liquor Control (hereinafter department) to terminate the individual defendants’ distributorships. In ruling against the plaintiff, the department did not determine whether the plaintiff had met the statutory requirement of establishing just and sufficient cause for the terminations it sought to implement. Instead, the department merely concluded that the terminations were unwarranted because the plaintiff had failed to comply with the procedural requirement of § 30-17 (a) (2) that “cause shall be set forth” in notices of termination.

Upon the plaintiff’s administrative appeal to the Superior Court, that court concluded that the notices of termination to the defendants Brescóme and Eder sufficiently complied with the requirements of § 30-17 (a) (2). That conclusion did not, however, terminate the liti[408] gation between the parties, because the trial court held that it could not make an initial ruling about whether the plaintiff had substantively established cause for its termination of the individual defendants’ distributorships. Accordingly, the trial court remanded the case to the department for resolution of that issue. General Statutes § 4-183 (g).

The defendants then appealed to this court. The parties disagree not only about the validity of the trial court’s ruling on the notice issue but also about the consequences that flow from the trial court’s judgment. If we agree with the trial court that the notices complied with § 30-17 (a) (2), the plaintiff, fearing prejudgment by the department, urges us to remand the case to the trial court for final judicial resolution of the issue of just cause. The defendants, on the other hand, maintain that our affirmance of the trial court’s judgment would require us also to concur in the trial court's order of administrative remand.

Upon examination of the briefs and records before oral argument of these appeals, this court sua sponte issued an order of notice to the parties that the appeals might be dismissed for lack of a final judgment. Under the Uniform Administrative Procedure Act, General Statutes § 4-166 et seq., further appellate review of superior court rulings on administrative appeals is limited to cases in which the Superior Court has rendered a final judgment. General Statutes § 4-184. That statutory provision accords with the general proposition that, except in special cases, such as appeals upon reservations; State v. Sanabria, 192 Conn. 671, 681-85, 474 A.2d 760 (1984); or upon certification pursuant to General Statutes § 52-265a; Laurel Park, Inc. v. Pac, 194 Conn. 677, 678-79 n.1, 485 A.2d 1272 (1984); the jurisdiction of this court is restricted to appeals from judgments that are final. General Statutes § 52-263; Practice Book § 4000 (formerly § 3000); Melia v. Hartford [409] Fire Ins. Co., 202 Conn. 252, 255, 520 A.2d 605 (1987); Doublewal Corporation v. Toffolon, 195 Conn. 384, 388-89, 488 A.2d 444 (1985).

The expeditious resolution of disputes counsels against appellate review of trial court rulings that do not finally dispose of all the issues between the litigating parties. See Practice Book § 4002 (formerly § 3001). When a trial court lacks authority to render a definitive judgment on pending claims, its rulings are, in effect, interlocutory orders, no matter how they may have been denominated as a matter of form. Doublewal Corporation v. Toffolon, supra, 391-93. Interlocutory orders, in turn, are immediately appealable only “(1) where the order or action terminates a separate and distinct proceeding, or (2) where the order or action so concludes the rights of the parties that further proceedings cannot affect them.” State v. Curio, 191 Conn. 27, 31, 463 A.2d 566 (1983); Melia v. Hartford Fire Ins. Co., supra.

We have not recently articulated how these principles apply to appellate proceedings that arise out of administrative appeals under the Uniform Administrative Procedure Act. There may well be cases in which we have addressed the merits of an administrative appeal without fully considering its jurisdictional implications. The press of the appellate docket in the Appellate Court and in this court, and the fact that motions to dismiss may be granted without an accompanying written opinion, make it important now to clarify the ground rules for appellate review of administrative appeals.

There is no reason why administrative appeals should not be governed by the principles of Curdo set forth above. A judgment by a trial court ordering further administrative proceedings cannot meet the first prong of the Curdo test, because, whatever its merits, the trial court’s order has not “terminate^] a separate and [410] distinct proceeding.” The more difficult question is whether the trial court’s order “so concludes the rights of the parties that further proceedings cannot affect them.”

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Schieffelin & Co. v. Department of Liquor Control, 521 A.2d 566, 202 Conn. 405, 1987 Conn. LEXIS 771 (Colo. 1987).

521 A.2d 566 (Schieffelin & Co. v. Department of Liquor Control) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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