Speer v. Skaats

226 Conn. App. 416
CourtConnecticut Appellate Court
DecidedJune 25, 2024
DocketAC46047
StatusPublished

This text of 226 Conn. App. 416 (Speer v. Skaats) 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
Speer v. Skaats, 226 Conn. App. 416 (Colo. Ct. App. 2024).

Opinion

************************************************ The “officially released” date that appears near the beginning of an opinion is the date the opinion will be published in the Connecticut Law Journal or the date it is released as a slip opinion. The operative date for the beginning of all time periods for the filing of postopin- ion motions and petitions for certification is the “offi- cially released” date appearing in the opinion. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the version appearing in the Connecti- cut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative. The syllabus and procedural history accompanying an opinion that appear in the Connecticut Law Jour- nal and subsequently in the Connecticut Reports or Connecticut Appellate Reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced or distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ************************************************ Page 0 CONNECTICUT LAW JOURNAL 0, 0

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SHERI SPEER v. DONNA SKAATS (AC 46047) Elgo, Suarez and Bear, Js.

Syllabus

The plaintiff sought injunctive relief and to recover damages from the defen- dant attorney for abuse of process. The defendant represented a third party, S Co., in a foreclosure action that related to the plaintiff’s personal residence. In the present case, the plaintiff alleged that, inter alia, five years after S Co. was defaulted in the foreclosure action for failure to appear, the defendant filed an appearance in the foreclosure action on S Co.’s behalf and then proceeded to file numerous motions, notices, and objections for, inter alia, the purpose of causing annoyance and distress to the plaintiff. The trial court granted the defendant’s motion to dismiss, finding that it lacked subject matter jurisdiction because the plaintiff had failed to establish that she was aggrieved, and, therefore, she did not have standing to bring the action. On the plaintiff’s appeal to this court, held that the trial court erred in granting the defendant’s motion to dismiss because it improperly determined that it lacked sub- ject matter jurisdiction over the plaintiff’s action: the plaintiff plainly alleged that the defendant had made use of a legal process, that she did so primarily to accomplish purposes for which the process was not designed, and that those purposes were detrimental to the plaintiff; moreover, the factual allegations in the plaintiff’s complaint, when viewed in the light most favorable to her as the pleader and construed both broadly and realistically, sufficiently established classical aggrievement, as the allegations were sufficient to demonstrate both the possibility that the plaintiff had a specific, personal, and legal interest in the defendant’s conduct in the foreclosure action and the possibility that such interest had been specially and injuriously affected by the defendant’s conduct, and, consequently, the trial court incorrectly deter- mined that the plaintiff lacked standing to bring the action; accordingly, this court reversed the judgment of the trial court and remanded the case for further proceedings.

Argued January 4—officially released June 25, 2024

Procedural History

Action to recover damages for abuse of process, and for other relief, brought to the Superior Court in the judicial district of New London, where the court, Good- row, J., granted the defendant’s motion to dismiss and 0, 0 CONNECTICUT LAW JOURNAL Page 1

0 Conn. App. 1 ,0 3 Speer v. Skaats

rendered judgment thereon, from which the plaintiff appealed to this court. Reversed; further proceedings. Sheri Speer, self-represented, the appellant (plain- tiff). Opinion

SUAREZ, J. The plaintiff, Sheri Speer, appeals from the judgment of the trial court, Goodrow, J., dismissing the civil action brought by her against the defendant, Donna Skaats.1 The plaintiff claims that, in dismissing the action, the court erred in concluding that it lacked subject matter jurisdiction because she was not aggrieved and, thus, lacked standing to bring the action. The plaintiff also claims that the court, Spallone, J., erred in ‘‘denying [her motion for] summary judgment.’’2 We agree with the plaintiff’s first claim and, therefore, reverse the judgment of the trial court. With respect to the claims raised in this appeal, the record reflects the following relevant procedural his- tory. In August, 2019, the plaintiff commenced the underlying civil action against the defendant, a member of the Connecticut bar, in connection with the defen- dant’s representation of a third party, Seaport Capital Partners, LLC (Seaport), in an action brought by Deutsche Bank National Trust Company to obtain a judgment of foreclosure with respect to the plaintiff’s personal residence (foreclosure action). The plaintiff alleged that, in the foreclosure action, Seaport was ‘‘an 1 The plaintiff also appeals from the court’s denial of her motion to recon- sider the judgment of dismissal. In this appeal, however, the plaintiff does not raise any claims of error that are specifically related to the court’s denial of her motion to reconsider. 2 The plaintiff appeared before both the trial court and this court as a self-represented litigant. The defendant did not file a brief in this appeal. Consistent with an order of this court, dated September 19, 2023, we consider the merits of this appeal on the basis of the plaintiff’s brief and appendix, the record as defined by Practice Book § 60-4, and the arguments advanced by the plaintiff during oral argument before this court. Page 2 CONNECTICUT LAW JOURNAL 0, 0

4 ,0 0 Conn. App. 1 Speer v. Skaats

alleged lienholder’’ who had recorded a property inter- est with respect to the real property. The plaintiff fur- ther alleged that, on November 17, 2018, five years after Seaport was defaulted for its failure to appear in the foreclosure action, the defendant entered an appear- ance on Seaport’s behalf, however, ‘‘[t]he defendant never entered into an attorney-client agreement for rep- resentation in the [foreclosure] action with Seaport.’’ The plaintiff also alleged that ‘‘Seaport never authorized the defendant to appear or litigate on its behalf in the [foreclosure] action.’’

In the plaintiff’s single count complaint, she alleged: ‘‘Between November 17, 2018, and July 1, 2019, the defendant filed numerous motions, notices, and objec- tions on behalf of Seaport . . . [1] without its authori- zation, which constituted the employment of a legal process . . . [2] to cause annoyance, alarm, embar- rassment, and distress on the part of the plaintiff, and promises to do so in the future to her irreparable harm, which is not the proper use of the legal processes and procedures employed by the defendant in the name of Seaport . . . [3] to increase the costs the plaintiff in the [foreclosure] action would charge or assess during the litigation, which would be charged to the [present] plaintiff, and promises to do so in the future to her irreparable harm, which is not the proper use of the legal processes and procedures employed by the defen- dant in the name of Seaport . . .

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Bluebook (online)
226 Conn. App. 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/speer-v-skaats-connappct-2024.