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Economics Laboratory, Inc. v. Reber

Appellate Court of Connecticut
Sep 17, 1986
515 A.2d 664 (Conn. App. Ct. 1986)

Opinion

(4445)

Argued September 17, 1986

Decided September 17, 1986

Action to recover money alleged to have been wrongfully retained by the defendants, brought to the Superior Court in the judicial district of Stamford-Norwalk, where the court, Dean, J., granted the plaintiff's motion for default and, thereafter, rendered judgment for the plaintiff, from which the defendants appealed to this court. Appeal dismissed.

Mark F. Gross, for the appellants (defendants).

Richard E. Castiglioni filed a brief for the appellee (plaintiff).


The defendant in this contract action appealed from the granting of a judgment upon default. At oral argument, the issue was raised as to whether there was a final judgment from which an appeal could have been taken. A judgment upon default is a final judgment only after a hearing is held and a finding of damages is made. Automotive Twins, Inc. v. Klein, 138 Conn. 28, 33, 82 A.2d 146 (1951); see also Cannavo Enterprises, Inc. v. Burns, 194 Conn. 43, 45 n. 4, 478 A.2d 601 (1984).

There were six claims of damages in the plaintiff's prayer for relief. Nowhere in the record is there any indication that the prayer for relief was addressed by the court and damages assessed after a hearing. There is no judgment file from the trial court in the record.


Summaries of

Economics Laboratory, Inc. v. Reber

Appellate Court of Connecticut
Sep 17, 1986
515 A.2d 664 (Conn. App. Ct. 1986)
Case details for

Economics Laboratory, Inc. v. Reber

Case Details

Full title:ECONOMICS LABORATORY, INC. v. JAN R. REBER ET AL

Court:Appellate Court of Connecticut

Date published: Sep 17, 1986

Citations

515 A.2d 664 (Conn. App. Ct. 1986)
9 Conn. App. 801

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