Taylor v. Flocke, No. Fa89 0262260 S (Apr. 15, 1992)

Connecticut Superior Court

Taylor v. Flocke, No. Fa89 0262260 S (Apr. 15, 1992)

1992 Conn. Super. Ct. 3683

Connecticut Superior Court·Decided April 15, 1992·No. No. FA89 0262260 S·Unpublished

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION ON APPEAL This is an appeal from a December 6, 1991 Family Support Magistrate's decision, brought to this court pursuant to Connecticut General Statutes 46b-231 (n), which provides that "A person who is aggrieved by a final decision of a family support magistrate is entitled to judicial review by way of appeal under this section." 1 (Emphasis added.)

The December 6, 1991 decision which is being appealed is not a final decision. It was a temporary order to be reviewed on February 28, 1992. (This notwithstanding the fact that the subsequent February 28, 1992 decision also did not render a final order: that decision expressly states that "this temporary order remains." (Emphasis added.)

Since the December 6, 1991 was not a final judgment, this appeal is improper. Connecticut General Statutes46b-231(n)(1); Ebenstein and Ebenstein v. Thibault Corporation,20 Conn. App. 23, 563 A.2d 1044 (1989) (appeal only proper from a final judgment).

Accordingly, the appeal is dismissed. CT Page 3684

EDWARD R. KARAZIN, JR., JUDGE

Free access — add to your briefcase to read the full text and ask questions with AI

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION ON APPEAL This is an appeal from a December 6, 1991 Family Support Magistrate's decision, brought to this court pursuant to Connecticut General Statutes 46b-231 (n), which provides that "A person who is aggrieved by a final decision of a family support magistrate is entitled to judicial review by way of appeal under this section." 1 (Emphasis added.)

The December 6, 1991 decision which is being appealed is not a final decision. It was a temporary order to be reviewed on February 28, 1992. (This notwithstanding the fact that the subsequent February 28, 1992 decision also did not render a final order: that decision expressly states that "this temporary order remains." (Emphasis added.)

Since the December 6, 1991 was not a final judgment, this appeal is improper. Connecticut General Statutes46b-231(n)(1); Ebenstein and Ebenstein v. Thibault Corporation,20 Conn. App. 23, 563 A.2d 1044 (1989) (appeal only proper from a final judgment).

Accordingly, the appeal is dismissed. CT Page 3684

EDWARD R. KARAZIN, JR., JUDGE

Taylor v. Flocke, No. Fa89 0262260 S (Apr. 15, 1992), 1992 Conn. Super. Ct. 3683 (Colo. Ct. App. 1992).

Pincite

1992 Conn. Super. Ct. 3683 (Taylor v. Flocke, No. Fa89 0262260 S (Apr. 15, 1992)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related