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JOHN T. MALTAS v. R. BRIAN MALTAS (SC 18538)
Rogers, C. J., and Norcott, Katz, Palmer, Vertefeuille, Zarella and McLachlan, Js.* Argued May 25--officially released September 7, 2010

Stephen C. Gallagher, for the appellant (defendant). V. Michael Simko, Jr., for the appellee (plaintiff).

Opinion

ROGERS, C. J. This case raises questions regarding the proper procedure and burden of proof in actions to enforce foreign default judgments. The defendant, R. Brian Maltas, appeals from the trial court's summary judgment rendered in favor of the plaintiff, John T. Maltas.1 The plaintiff brought the present action to domesticate in Connecticut a default judgment rendered in Alaska, and the defendant sought to attack collaterally the validity of that judgment, claiming that the Alaska court lacked personal jurisdiction over him. The defendant claims that the trial court improperly concluded that: (1) a collateral challenge to the validity of a foreign default judgment must be raised in a motion to dismiss and not as a special defense; and (2) the plaintiff had satisfied his burden of establishing that there were no genuine issues of material fact and the Alaska judgment was valid as a matter of law. We agree with both of the defendant's claims and, accordingly, reverse the judgment of the trial court. The following undisputed facts and procedural history are relevant to the present appeal. The parties are brothers. In 2005, the plaintiff, an Alaska resident, brought an action in Alaska against the defendant, a Connecticut resident, on a claim of promissory estoppel.2 The plaintiff's Alaska complaint alleged that when the parties' father, an Alaska resident, died in 2001, the right to prosecute a pending action he had filed in Maryland against a third brother, Michael Maltas, passed to his estate. The plaintiff further alleged that, when he became the personal representative of his father for probate purposes, he ``consulted with the [d]efendant on whether or not the estate should continue to prosecute the Maryland case.'' The plaintiff allegedly informed the defendant that neither he nor the estate had sufficient funds to continue to prosecute the action. In response, the plaintiff alleged, the defendant had assured the plaintiff that he controlled the deceased's funds and would make them available to the plaintiff to prosecute the Maryland action. The plaintiff alleged, however, that after he had prosecuted the Maryland case to its conclusion, in reliance on the defendant's assurances, the defendant reimbursed the plaintiff for only a portion of the legal costs. The plaintiff's Alaska complaint provided no details regarding the number, duration, location or mode of communication of the alleged promissory discussion or discussions between the parties, nor did it specify whether any of either party's alleged obligations were to be carried out in Alaska. Further, there is no indication in the record that the plaintiff had provided any affidavits or other evidence to the Alaska court in support of his allegations. The record does indicate that the defendant was served personally in Connecticut with process for the Alaska action.

In 2006, the Alaska court rendered a default judgment in favor of the plaintiff and against the defendant, in the amount of $40,000 plus interest, costs and attorney's fees. The judgment stated that the defendant had ``failed to plead in or otherwise defend this action . . . .'' It did not indicate, however, that the Alaska court had made an explicit finding that it had personal jurisdiction over the plaintiff. On July 31, 2007, the plaintiff filed this action in Connecticut, seeking to enforce the Alaska default judgment against the defendant pursuant to General Statutes

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