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418 MEADOW STREET ASSOCIATES, LLC v. ONE SOLUTION SERVICES, LLC (AC 31974)
Harper, Lavine and Alvord, Js. Argued January 6--officially released April 5, 2011

(Appeal from Superior Court, judicial district of Fairfield, Housing Session, Moore, J.) David R. Gronbach, for the appellant (defendant). Andrew M. McPherson, with whom, on the brief, was William J. Kupinse, Jr., for the appellee (plaintiff).

Opinion

ALVORD, J. The defendant, One Solution Services, LLC, appeals from the trial court's January 22, 2010 judgment denying its motion to open the default judgment rendered against the defendant, claiming, inter alia, that the court improperly failed to address standing and to determine if it had subject matter jurisdiction. Although we generally defer to the trial court's discretion in matters of docket management and judicial economy, the unique procedural circumstances and jurisdictional issue presented in this case compel otherwise. Accordingly, we reverse the judgment of the trial court denying the motion to open the judgment and remand the case for further proceedings. The relevant facts and procedural history are as follows. Barbara Levine and Steven Levine were the original owners of the plaintiff, 418 Meadow Street Associates, LLC, until Levine sold his 50 percent interest to Michael Weinshel and Mark Wynnick, making them joint owners with Barbara Levine. Thus, Weinshel and Wynnick collectively own 50 percent of the company and Barbara Levine owns the remaining 50 percent. On September 3, 2008, Weinshel and Wynnick brought this action on behalf of the plaintiff to recover damages from the defendant for breach of their lease agreement. On February 26, 2009, the defendant answered the complaint, denying that it breached the agreement. The defendant pleaded by way of a special defense that the plaintiff brought the action without the proper authority of the plaintiff's members, and, therefore, it lacked standing to maintain the action.1 The plaintiff generally denied all of the special defenses without responding directly to the issue of standing. Both parties filed pretrial memoranda during September, 2009. Therein, the defendant, once more, claimed that the plaintiff lacked standing to maintain this action. See footnote 1 of this opinion. The plaintiff, again, did not respond to the standing issue but argued breach of the lease agreement. On November 3, 2009, the defendant's attorney moved to withdraw his appearance citing a breakdown in communications, unreasonable financial burden and professional considerations. Pursuant to Practice Book

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Connecticut Law