Cross v. Hudon, 609 A.2d 1021 (Conn. App. Ct. 1992). · Go Syfert
Cross v. Hudon, 609 A.2d 1021 (Conn. App. Ct. 1992). Cases Citing This Book View Copy Cite
64 citation events (11 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
examined Cited as authority (quoted) Yale Church of Truth v. Windsor Locks, No. Cv960560720 (Feb. 2, 1998) (2×)
Conn. Super. Ct. · 1998 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
a trial court should make every effort to ct page 703 adjudicate the substantive controversy before it, and, where practicable, should decide a procedural issue so as not to preclude hearing the merits of an appeal
examined Cited as authority (quoted) Suarez v. Judicial Department, No. Cv 97 567291 (Jan. 7, 1998) (2×)
Conn. Super. Ct. · 1998 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
a trial court should make every effort to adjudicate the substantive controversy before it, and, where practicable, should decide a procedural issue so as not to preclude hearing the merits of an appeal
discussed Cited "see" Deutsche Bank National Trust Co. v. Bialobrzeski (2×)
Conn. App. Ct. · 2010 · signal: see · confidence high
See Cross v. Hudon, 27 Conn. App. 729, 734 , 609 A.2d 1021 (1992) (court improperly failed to conduct evidentiary hearing because jurisdiction hinged on factual determination).
discussed Cited "see" LaSALLE BANK, NAT. ASS'N v. Bialobrzeski (2×)
Conn. App. Ct. · 2010 · signal: see · confidence high
See Cross v. Hudon, 27 Conn.App. 729, 734 , 609 A.2d 1021 (1992) (court improperly failed to conduct evidentiary hearing because jurisdiction hinged on factual determination).
discussed Cited "see" LaSalle Bank, National Ass'n v. Bialobrzeski (2×)
Conn. App. Ct. · 2010 · signal: see · confidence high
See Cross v. Hudon, 27 Conn. App. 729, 734 , 609 A.2d 1021 (1992) (court improperly failed to conduct evidentiary hearing because jurisdiction hinged on factual determination). *791 The judgment is reversed and the case is remanded for a hearing on the motion to dismiss.
discussed Cited "see" The Conroy Development Company v. Zeller, No. Cv93 0133864 (Apr. 21, 1995) (2×)
Conn. Super. Ct. · 1995 · signal: see · confidence high
The earlier memorandum ended by indicating that a "Standard Tallow type" hearing was required to resolve certain factual issues regarding whether the plaintiff had standing to pursue the present action; see Cross v. Hudon, 27 Conn. App. 729 , 733-34 , 609 A.2d 1021 (1992).
discussed Cited "see" Galluzzo v. Board of Tax Review (2×)
Conn. Super. Ct. · 1995 · signal: see · confidence high
“A trial court should make every effort to adjudicate the substantive controversy before it, and, *45 where practicable, should decide a procedural issue so as not to preclude hearing the merits of an appeal.” Killingly v. Connecticut Siting Council, 220 Conn. 516, 522 , 600 A.2d 752 (1991); see Cross v. Hudon, 27 Conn. App. 729, 733 , 609 A.2d 1021 (1992).
discussed Cited "see" Cutrone v. State Farm Mut. Auto. Ins. Co., No. Cv 94 0311551s (Nov. 1, 1994) (2×)
Conn. Super. Ct. · 1994 · signal: see · confidence high
"A trial court should make every effort to adjudicate the substantive controversy before it, and, where practicable, should decide a procedural issue so as not to preclude hearing the merits of an app[lication]." Killingly v. Connecticut Siting Council , 220 Conn. 516 , 522 , 600 A.2d 752 (1991); see Cross v. Hudon , 27 Conn. App. 729 , 733 , 609 A.2d 1021 (1992).
discussed Cited "see, e.g." Walsh v. Douglas Quiles, No. Spnh 9803-54191 (May 13, 1998) (2×)
Conn. Super. Ct. · 1998 · signal: see also · confidence low
Killingly v. Connecticut Siting Council , 220 Conn. 516 , 522 , 600 A.2d 752 (1991), quoting Demar v. Open Space Conservation Commission , [ 211 Conn. 416 , 425 , 559 A.2d 1103 (1989)]; see also Cross v. Hudon , 27 Conn. App. 729 , 732 , 609 A.2d 1021 (1992).' Woodward v. Woodward , 44 Conn. App. 99 , 102 , 686 A.2d 1010 (1997).
discussed Cited "see, e.g." Walsh v. Quiles, No. Spnh 9803-54191 (May 13, 1998) (2×)
Conn. Super. Ct. · 1998 · signal: see also · confidence low
Killingly v. Connecticut Siting Council , 220 Conn. 516 , 522 , 600 A.2d 752 (1991), quoting Demar v. Open Space Conservation Commission, [ 211 Conn. 416 , 425 , 559 A.2d 1103 (1989)]; see also Cross v. Hudon , 27 Conn. App. 729 , 732 , 609 A.2d 1021 (1992).' Woodward v. Woodward , 44 Conn. App. 99 , 102 , 686 A.2d 1010 (1997).
discussed Cited "see, e.g." Vertucci v. Leary, No. Spnh 9804-54457 (May 12, 1998) (2×)
Conn. Super. Ct. · 1998 · signal: see also · confidence low
Killingly v. Connecticut Siting Council , 220 Conn. 516 , 522 , 600 A.2d 752 (1991), quoting Demar v. Open Space Conservation Commission , [ 211 Conn. 416 , 425 , 559 A.2d 1103 (1989)]; see also Cross v. Hudon , 27 Conn. App. 729 , 732 , 609 A.2d 1021 (1992).' Woodward v. Woodward , 44 Conn. App. 99 , 102 , 683 A.2d 1010 (1997). "`There is no doubt that the Superior Court is authorized to hear summary process cases; the Superior Court is authorized to hear all cases except those over which the probate courts have original jurisdiction.
discussed Cited "see, e.g." Vertucci v. Leary, No. Spnh 9804-54457 (May 12, 1998) (2×)
Conn. Super. Ct. · 1998 · signal: see also · confidence low
Killingly v. Connecticut Siting Council , 220 Conn. 516 , 522 , 600 A.2d 752 (1991), quoting Demar v. Open Space Conservation Commission , [ 211 Conn. 416 , 425 , 559 A.2d 1103 (1989)]; see also Cross v. Hudon , 27 Conn. App. 729 , 732 , 609 A.2d 1021 (1992).' Woodward v. Woodward , 44 Conn. App. 99 , 102 , 683 A.2d 1010 (1997). "`There is no doubt that the Superior Court is authorized to hear summary process cases; the Superior Court is authorized to hear all cases except those over which the probate courts have original jurisdiction.
discussed Cited "see, e.g." The Debonnair Motel, Inc. v. Abate, No. Spnh 9710 52443 (Dec. 6, 1997) (2×)
Conn. Super. Ct. · 1997 · signal: see also · confidence low
Killingly v. Connecticut Siting Council, 220 Conn. 516 , 522 , 600 A.2d 752 CT Page 12351 (1991), quoting Demar v. Open Space Conservation Commission, [ 211 Conn. 416 , 425 , 559 A.2d 1103 (1989)]; see also Cross v. Hudon, 27 Conn. App. 729 , 732 , 609 A.2d 1021 (1992)." Woodward v. Woodward, 44 Conn. App. 99 , 102 , 683 A.2d 1010 (1997).
discussed Cited "see, e.g." Woodward v. Woodward (2×)
Conn. App. Ct. · 1997 · signal: see also · confidence low
The issue, therefore, is whether the trial court modified a term of the dissolution judgment or simply effectuated the judgment by ordering the revised appraisal to be the binding appraisal. “ ‘Where a decision as to whether a court has subject matter jurisdiction is required, every presumption favoring jurisdiction should be indulged.’ Killingly v. Connecticut Siting Council, 220 Conn. 516, 522 , 600 A.2d 752 (1991), quoting Demar v. Open Space & Conservation Commission, [ 211 Conn. 416, 425 , 559 A.2d 1103 (1989)]; see also Cross v. Hudon, 27 Conn. App. 729, 732 , 609 A.2d 1021 (1992).
discussed Cited "see, e.g." Hammant v. Sherwood, No. Cv94 0141182 S (Feb. 27, 1995)
Conn. Super. Ct. · 1995 · signal: see also · confidence low
In order to establish subject matter jurisdiction, the court must determine that it has the power to hear the general class [of cases] to which the proceedings in question belong." (Citations omitted; internal quotation marks omitted.) Lampasona v. Jacobs , 209 Conn. 724 , 728 , 553 A.2d 175 , cert. denied, 492 U.S. 919 , 109 S.Ct. 3244 , 106 L.Ed.2d 590 (1989); see also Cross v. Hudon , 27 Conn. App. 729 , 733 , 609 A.2d CT Page 1771-OO 1021 (1992).
discussed Cited "see, e.g." Clement v. Clement (2×)
Conn. App. Ct. · 1994 · signal: see also · confidence low
We must first decide “a question of subject matter jurisdiction, which is ‘the power of the court to hear and determine cases of the general class to which the proceedings in question belong.’ Demar v. Open Space & Conservation Commission, 211 Conn. 416, 424 , 559 A.2d 1103 (1989). ‘Where a decision as to whether a court has subject matter jurisdiction is required, every presumption favoring jurisdiction should be indulged.’ Killingly v. Connecticut Siting Council, 220 Conn. 516, 522 , 600 A.2d 752 (1991), quoting Demar v. Open Space & Conservation Commission, supra, 425; see also Cr…
discussed Cited "see, e.g." Roberts v. Roberts (2×)
Conn. App. Ct. · 1993 · signal: see also · confidence low
“Where a decision as to whether a court has subject matter jurisdiction is required, every presumption favoring jurisdiction should be indulged.” Killingly v. Connecticut Siting Council, 220 Conn. 516, 522 , 600 A.2d 752 (1991), quoting Demar v. Open Space & Conservation Commission, supra, 425; see also Cross v. Hudon, 27 Conn. App. 729, 732 , 609 A.2d 1021 (1992).
Retrieving the full opinion text from the archive…
Patricia B. Cross
v.
Paul Hudon, Conservator (Estate of Helen A. Benny)
10317.
Connecticut Appellate Court.
Jun 9, 1992.
609 A.2d 1021
Vincent E. Roche, with whom, on the brief, was Joan Keating-McKeon, for the appellant (plaintiff)., Vincent F. Sabatini, with whom, on the brief, was Paul R. Doyle, for the appellee (defendant Richard E. Pikor)., Paul Zanoni, pro se, the appellee (defendant)., Rosalie Benny Zanoni, pro se, the appellee (defendant).
Norcott.
Cited by 33 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #41,893 of 633,719
Citer courts: Connecticut Superior Court (4)
Norcott, J.

The plaintiff appeals from the trial court’s judgment dismissing this action for lack of subject matter jurisdiction. The plaintiff claims that the trial court (1) failed to conduct an evidentiary hearing[*731] to determine if it had subject matter jurisdiction, and (2) improperly dismissed the action upon its finding that a guardian may not institute a legal action against her ward. Because we conclude that, under the facts of this case, the trial court should have conducted an eviden-tiary hearing, we need not reach the plaintiffs second issue. Accordingly, we reverse the trial court’s judgment.

The following facts are pertinent to this appeal. Between October, 1980, and December, 1988, the plaintiff expended about $157,000 for the care of her mother, Helen A. Benny, who resided from March, 1982, until she died in August, 1989, in the St. Patrick’s Manor nursing home in Framingham, Massachusetts. In June, 1988, the plaintiff was appointed temporary guardian of her mother by the Middlesex County Probate and Family Court in Massachusetts. Prior to this appointment, the plaintiff had expended about $136,000 for her mother’s care and benefit. In September, 1988, the Massachusetts court named the plaintiff permanent guardian of her mother.

In February, 1989, the Newington Probate Court appointed Paul Hudon conservator of the estate of Helen A. Benny. The estate contained two parcels of real property, one in Old Lyme, and the other in Wethersfield, both of which were devised to another of Helen A. Benny’s daughters, Rosalie Benny Zanoni. In May, 1989, the plaintiff brought suit in Superior Court against Hudon, seeking reimbursement for the funds that were expended for Helen A. Benny’s care and benefit. In July, 1989, the trial court ordered that Rosalie Benny Zanoni and her husband, Paul Zanoni, be made party defendants because of their interest in the properties.

In September, 1989, Rosalie Benny Zanoni was appointed executrix of her late mother’s estate by the[*732] Newington Probate Court. Shortly thereafter, in January, 1990, Rosalie Benny Zanoni was substituted for Hudon as the defendant in this action. In December, 1990, Paul and Rosalie Benny Zanoni filed a motion with the trial court to dismiss for lack of subject matter jurisdiction. The court thereafter granted the motion, and in January, 1991, the plaintiff moved to open the judgment. In June, 1991, the court denied the motion to open.[1] This appeal followed.

The plaintiff first claims that the trial court improperly failed to conduct an evidentiary hearing to determine if it had subject matter jurisdiction. We agree.

We begin with a brief statement of our well settled principles regarding subject matter jurisdiction. Jurisdiction over the subject matter is the court’s power to hear and decide cases of the general class to which the proceedings at issue belong. Lauer v. Zoning Commission, 220 Conn. 455, 460, 600 A.2d 310 (1991); Koskoff v. Planning & Zoning Commission, 27 Conn. App. 443, 446, 607 A.2d 1146 (1992). Once the question of lack of jurisdiction of a court is raised, “[it] must be disposed of no matter in what form it is presented.” Carten v. Carten, 153 Conn. 603, 610, 219 A.2d 711 (1966). Whenever a court finds that it has no jurisdiction, it must dismiss the case, without regard to previous rulings. Pet v. Department of Health Services, 207 Conn. 346, 351, 542 A.2d 672 (1988).

We are mindful that “ ‘[w]here a decision as to whether a court has subject matter jurisdiction is required, every presumption favoring jurisdiction should be indulged.’ ” Killingly v. Connecticut Siting Council, 220 Conn. 516, 522, 600 A.2d 752 (1991);[*733] Demar v. Open Space & Conservation Commission, 211 Conn. 416, 425, 559 A.2d 1103 (1989). “A trial court should make every effort to adjudicate the substantive controversy before it, and, where practicable, should decide a procedural issue so as not to preclude hearing the merits of an appeal.” Killingly v. Connecticut Siting Council, supra.

In determining whether a court lacks subject matter jurisdiction, the inquiry usually does not extend to the merits of the case. Isaac v. Mount Sinai Hospital, 210 Conn. 721, 732, 557 A.2d 116 (1989). Nevertheless, the court must determine whether it has the power to hear the “ ‘general class [of cases] to which the proceedings in question belong.’ ” Lampasona v. Jacobs, 209 Conn. 724, 728, 553 A.2d 175, cert. denied, 492 U.S. 919, 109 S. Ct. 3244, 106 L. Ed. 2d 590 (1989), quoting Shea v. First Federal Savings & Loan Assn, of New Haven, 184 Conn. 285,288, 439 A.2d 997 (1981). Because the elements of subject matter jurisdiction are “ ‘dependent upon both law and fact’ Kinney v. State, 213 Conn. 54, 59, 566 A.2d 670 (1989), cert. denied, U.S. , 111 S. Ct. 251, 112 L. Ed. 2d 209 (1990); Castro v. Viera, 207 Conn. 420, 433, 541 A.2d 1216 (1988); in some cases it may be necessary to examine the facts of the case to determine if it is within a general class the court has power to hear. See Castro v. Viera, supra, 433-35 (discussing subject matter jurisdiction of an agency); Young v. Chase, 18 Conn. App. 85, 94-95, 557 A.2d 134 (1989); 1 E. Stephenson, Connecticut Civil Procedure (2d Ed. 1982 Sup.) § 103. Further, “ ‘[w]hen issues of fact are necessary to the determination of a court’s jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.’ ” Lampasona v. Jacobs, 7 Conn. App. 639, 642-43, 509 A.2d 1089 (1986), quoting Standard Tallow Corporation v. Jowdy, 190 Conn. 48, 56, 459 A.2d 503 (1983).

[*734] Here, the defendants’ motion to dismiss alleged, in essence, that the Superior Court lacked subject matter jurisdiction because the plaintiff impermissibly brought this action in her capacity as a guardian against her own ward. Further, the defendants’ motion alleged that subject matter jurisdiction does not exist in the Superior Court because such disputes between fiduciaries are properly heard only in the Probate Courts. Because jurisdiction in this case hinges upon a factual determination regarding the plaintiff’s status when she instituted this action, we conclude that the trial court improperly failed to conduct an evidentiary hearing to determine the pertinent facts necessary to ascertain whether jurisdiction existed.

The judgment is reversed, and the case is remanded for an evidentiary hearing to ascertain the plaintiff’s status at the time she commenced this action so that the trial court can properly determine whether it has subject matter jurisdiction.

In this opinion the other judges concurred.

1

In March, 1991, the Newington Probate Court removed Rosalie Benny Zanoni from her fiduciary position. In June, 1991, the new administrator of the estate, Richard Pikor, was substituted for Rosalie Benny Zanoni as a defendant in this action.