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Laws-info.com » Cases » Connecticut » Appellate Court » 1969 » Highgate Condominium Assn., Inc. v. Miller
Highgate Condominium Assn., Inc. v. Miller
State: Connecticut
Court: Court of Appeals
Docket No: AC31647
Case Date: 12/31/1969
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

HIGHGATE CONDOMINIUM ASSOCIATION, INC. v. ROBERT MILLER ET AL. (AC 31647)
Alvord, Bear and West, Js. Argued December 10, 2010--officially released June 14, 2011

(Appeal from Superior Court, judicial district of Waterbury, Agati, J. [judgment of strict foreclosure]; Cronan, J. [motion to open judgment].) Paul J. Garlasco, for the appellant (plaintiff). Jeffrey M. Knickerbocker, for the appellee (defendant U.S. Bank National Association, as trustee).

Opinion

PER CURIAM. The plaintiff, Highgate Condominium Association, Inc., appeals from the decision of the trial court granting the motion of the defendant U.S. Bank National Association, as trustee (U.S. Bank),1 to open the judgment of strict foreclosure rendered in favor of the plaintiff. On appeal, the plaintiff claims that the court did not possess the authority to open the judgment because the title to the foreclosed property had become absolute in the plaintiff and, thus, the judgment was opened improperly.2 We agree and, accordingly, reverse the decision of the trial court. The following facts and procedural history are relevant to our resolution of the plaintiff's claim on appeal. On December 12, 2008, the plaintiff commenced the underlying action to foreclose its statutory lien on a condominium unit located in Watertown. The complaint alleged that, pursuant to General Statutes
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