September 20, 2019
from the Superior Court in the judicial district of New
Haven, where the court, S. Richards, J.
Ciccarelli, self-represented, the appellant (defendant).
J. Hall, Hamden, for the appellee (plaintiff).
Elgo and Moll, Js.
Conn.App. 336] The self-represented defendant, Paul
Ciccarelli, appeals from the summary judgment rendered by the
trial court in favor of the plaintiff, Charlotte
Ciccarelli, on count one of a two count complaint.
We conclude that the defendant has not appealed from a final
judgment and, therefore, dismiss the appeal.
relevant facts are not in dispute. At all relevant times, the
parties owned real property known as 17 Moulthrop Street in
North Haven (property) as joint tenants with rights of
survivorship. In 2017, the plaintiff commenced the present
action against the defendant. Her complaint contained two
counts. In the first count, the plaintiff sought a partition
of the property pursuant to General Statutes § § 52-495 and
52-500 (a). In the second count, the plaintiff sought an
accounting and damages pursuant to General Statutes § 52-404
(b). The defendant thereafter filed an
answer, in which he denied the allegations of the plaintiffs
complaint. The defendant also filed a special defense,
alleging that the plaintiff had improperly withdrawn funds
from a financial account jointly held by the parties.
the pleadings were closed, the plaintiff filed a motion for
summary judgment on the first count of the complaint,
claiming that no genuine issue of material fact existed with
respect to her right to a partition of the property. That
motion was accompanied by the plaintiffs sworn affidavit.
Although the defendant filed an opposition to that motion, he
did not submit any documentation in support thereof.
Following a hearing [194 Conn.App. 337] on April 23, 2018,
the court granted summary judgment in favor of the plaintiff
on the first count of her complaint. The official case detail
contains an entry dated April 23, 2018, which states that the
court had entered judgment "as to certain counts of the
complaint for the plaintiff— case remains
plaintiff then filed a motion for an order of partition by
sale and the appointment of a committee. On May 14, 2018, the
court entered a notice of judgment of partition by sale and
set a sale date of October 20, 2018.
29, 2018, the defendant filed an appeal to this court
challenging the propriety of the partial summary judgment
rendered by the court on April 23, 2019. In response, the
plaintiff moved to dismiss the appeal for lack of a final
judgment, which this court granted on June 27, 2018.
August 10, 2018, the defendant filed another appeal from the
partial summary judgment rendered by the trial court on April
23, 2018. On his appeal form, the defendant states that he
brought this appeal "[t]o overturn the summary judgment
in order to stop the sale of the house." In response,
the plaintiff maintains that the defendant has not appealed
from a final judgment, thereby depriving this court of
subject matter jurisdiction. We agree.
"The lack of a final judgment implicates the subject
matter jurisdiction of an appellate court to hear an appeal.
A determination regarding ... subject ...