Opinion
(14211)
Argued April 30, 1996
Officially released June 18, 1996
Action to recover damages for breach of contract, brought to the Superior Court in the judicial district of Fairfield, where the court, Licari, J., granted the plaintiff's application for a prejudgment attachment of certain of the named defendant's real and personal property; thereafter, the matter was tried to the court, Vertefeuille, J.; judgment for the plaintiff against the named defendant, from which the named defendant appealed and the plaintiff cross appealed to this court. Appeal and cross appeal dismissed.
Michael T. Bologna, for the appellant-appellee (named defendant). Dorit S. Heimer, with whom, on the brief, was Marc J. Kurzman, for the appellee-appellant (plaintiff).
The defendant, Michael Kundrath, appeals from the judgment in favor of the plaintiff rendered after a court trial. The plaintiff has filed a cross appeal. This action for breach of contract was commenced against Michael Kundrath and his mother, Theresa Kundrath, a resident of the plaintiff Southport Manor Convalescent Center, Inc. No judgment was rendered as to the defendant Theresa Kundrath. As a preliminary matter, we must determine whether there is an appealable final judgment.
The parties were advised to be prepared to argue the issue of whether there is an appealable final judgment because of the lack of a disposition of count two of the complaint as to Theresa Kundrath.
In determining what is a final judgment for purposes of appellate review, we rely on the standard articulated in State v. Curcio, 191 Conn. 27, 463 A.2d 566 (1983). In re Elizabeth H., 40 Conn. App. 216, 218, 669 A.2d 1246 (1996). The partial judgment rendered neither terminated a separate and distinct proceeding nor so concluded the rights of the parties that further proceedings could not affect them. State v. Curcio, supra, 31. We conclude that no final judgment was rendered because a judgment against Theresa Kundrath could impact the nature and the amount of the liability of the defendant Michael Kundrath. See T. P. Brewer Construction Co. v. F G Associates, 34 Conn. App. 714, 643 A.2d 308 (1994).
The lack of final judgment is a threshold question that implicates the subject matter jurisdiction of this court. Schick v. Windsor Airmotive Division/Barnes Group, 31 Conn. App. 819, 822, 627 A.2d 478 (1993). If there is no final judgment, we cannot reach the merits of the appeal. General Statutes §§ 51-197a and 52-263; Practice Book § 4000; Harrall-Michalowski Associates, Inc. v. Shippee, 40 Conn. App. 613, 615, 672 A.2d 539 (1996).