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KENNETH BOVE v. HOWARD W. BOVE ET AL. (AC 32016)
Harper, Beach and Schaller, Js. Argued February 22--officially released May 24, 2011

(Appeal from Superior Court, judicial district of Windham, Robaina, J.) Howard W. Bove, pro se, the appellant (named defendant). John K. Harris, Jr., for the appellee (plaintiff).

Opinion

BEACH, J. In this partition action, the defendant Howard W. Bove1 appeals from the judgment of the trial court granting the motion of the plaintiff, Kenneth Bove, to set a new sale date. The defendant raises numerous claims on appeal, including that it was error for a committee sale of real property to occur during an automatic appellate stay. We affirm the judgment of the trial court. The present appeal is the fifth that the defendant has filed with this court in this matter. See Bove v. Bove, 77 Conn. App. 355, 823 A.2d 383 (2003) (Bove I); Bove v. Bove, 93 Conn. App. 76, 888 A.2d 123, cert. denied, 277 Conn. 919, 895 A.2d 788 (2006) (Bove II); Bove v. Bove, 103 Conn. App. 347, 354, 930 A.2d 712 (2007) (Bove III); Bove v. Bove, 115 Conn. App. 901, 971 A.2d 96 (2009) (Bove IV). The plaintiff, the defendant and Douglas N. Bove are co-owners of a parcel of real estate located in Thompson and another located in Putnam. On October 5, 2000, the plaintiff commenced this action against his brothers, the defendant and Douglas Bove, for partition or sale of the two parcels. The court, Foley, J., rendered judgment ordering a partition by sale of the two parcels. The defendant appealed from the court's judgment of partition by sale. In Bove I, we reversed the court's judgment and remanded the case with direction to open the judgment. Bove v. Bove, supra, 77 Conn. App. 366

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