Opinion
(SC 16645)
Argued January 13
Officially released February 4, 2003
Action to foreclose a mortgage on certain real property, and for other relief, brought to the Superior Court in the judicial district of Litchfield, and referred to the court, Hon. Walter M. Pickett, Jr., judge trial referee, who, exercising the powers of the Superior Court, rendered judgment of foreclosure by sale; thereafter, JLM Services Corporation, then the holder of the mortgage note, was substituted as the plaintiff and the court granted the substitute plaintiff's motion to open the judgment and to render judgment of strict foreclosure; subsequently, the mortgage note was transferred to Consolidated Asset Management, LLC, and then to Fairway Asset Management, Inc., which was substituted as the plaintiff; thereafter, the court, DiPentima, J., granted the motion for a deficiency judgment filed by the substitute plaintiff Fairway Asset Management, Inc., and rendered judgment thereon in its favor, from which the defendant Jerome G. Terracino et al., appealed to the Appellate Court, Schaller and Spear, Js., with Lavery, C.J., dissenting, which affirmed the trial court's judgment, and the defendant Jerome G. Terracino et al., on the granting of certification, appealed to this court. Appeal dismissed.
Michael S. Lynch, with whom was A. Reynolds Gordon, for the appellants (defendant Jerome G. Terracino et al.).
John B. Farley, with whom was James V. Somers, for the appellee (substitute plaintiff Fairway Asset Management, Inc.).
Opinion
After reviewing the record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was improvidently granted.
We granted the defendants' petition for certification to appeal from the judgment of the Appellate Court; Federal Deposit Ins. Corp. v. Mutual Communications Associates, Inc., 66 Conn. App. 397, 784 A.2d 970 (2001); limited to the following issue: "Did the Appellate Court properly conclude that, under the applicable equitable principles, the plaintiff was entitled to the full amount of the deficiency judgment in this case." Federal Deposit Ins. Corp. v. Mutual Communications Associates, Inc., 258 Conn. 949, 788 A.2d 98 (2001).