Opinion
(SC 16475)
Argued October 24, 2001
Officially released December 18, 2001
Action to foreclose a mechanic's lien filed by the plaintiff against certain real property owned by the named defendant et al., and for other relief, brought to the Superior Court in the judicial district of Stamford-Norwalk, where the defendant James A. Basil Construction was defaulted for failure to appear; thereafter, the court, Dean, J., granted the application filed by the named defendant et al. to discharge the mechanic's lien and a lis pendens on their property, and rendered judgment thereon, from which the plaintiff appealed to the Appellate Court, Landau, Pellegrino and Callahan, Js., which affirmed the trial court's judgment, and the plaintiff, on the granting of certification, appealed to this court. Appeal dismissed.
Anthony M. Modugno, with whom, on the brief, was Frank Modugno, for the appellant (plaintiff).
John M. Gasidlo, for the appellees (named defendant et al.).
Opinion
The plaintiff, Scott Johnson doing business as Viking Painting, appeals, following our grant of certification, from the judgment of the Appellate Court, which affirmed the trial court's judgment granting the application of the defendant homeowners, Victoria de Toledo and Stewart M. Casper, to discharge the mechanic's lien filed by the plaintiff against their property. Johnson v. de Toledo, 61 Conn. App. 156, 763 A.2d 28 (2000). We granted the plaintiff's petition for certification to appeal limited to the following issue: "Did the Appellate Court properly conclude that the trial court had used the proper standard of proof in discharging the plaintiff's mechanic's lien?" Johnson v. de Toledo, 255 Conn. 938, 767 A.2d 1212 (2001).
After examining the entire 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.