September 20, 2019
for, inter alia, the partition or sale of real property, and
for other relief, brought to the Superior Court in the
judicial district of New Haven, where the court, S.
Richards, J., granted the plaintiff's motion for
summary judgment as to count one of the complaint and
rendered partial judgment for the plaintiff, from which the
defendant appealed to this court, which dismissed the appeal;
thereafter, the defendant appealed to this court. Appeal
Ciccarelli, self-represented, the appellant (defendant).
J. Hall, for the appellee (plaintiff).
Lavine, Elgo and Moll, Js.
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 plaintiff's
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alleging that the plaintiff had improperly withdrawn funds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 plaintiff's sworn
affidavit. Although the defendant filed an opposition to that
motion, he did not submit any documentation in support
thereof. Following a hearing 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.
lack of a final judgment implicates the subject matter
jurisdiction of an appellate court to hear an appeal. A
determination regarding . . . subject matter jurisdiction is
a question of law . . . . The jurisdiction of the appellate
courts is restricted to appeals from judgments that are
final. General Statutes §§ 51-197a and 52-263;
Practice Book § [61-1] . . . . The policy concerns
underlying the final judgment rule are to discourage
piecemeal appeals and to facilitate the speedy and orderly
disposition of cases at the trial court level. . . . The
appellate courts have a duty to dismiss, even on [their] own
initiative, any appeal that [they lack] jurisdiction to
hear.'' (Internal quotation marks omitted.)
Mazurek v. Great American Ins. ...