(a) Any order entered as provided in subsection (b) of section
49-35b shall be deemed a final judgment for the purpose of appeal.
(b) No appeal may be taken from the order except within seven days thereof. The effect of the order shall be automatically stayed for the seven-day period. If an appeal is taken within the seven-day period, the party taking the appeal may, within that period, file an application with the clerk of the court in which the order was issued, requesting a stay of the effect of the order pending the appeal, which application shall set forth the reasons for the request. A copy of the application shall be sent to each other party by the applicant. Upon the filing of the application, the effect of the order shall be further stayed until a decision is rendered thereon. A hearing on the application shall be held promptly. The order shall be stayed if the party taking the appeal posts a bond, as provided in subsection (c) of this section.
(c) Upon the hearing on the application, the court shall: (1) Upon motion of the party taking the appeal, set a bond with surety for the stay of the order as provided in subsection (b) of this section, in an amount which the court deems sufficient to indemnify the adverse party for any damages which may result from the stay. If the party taking the appeal gives that bond the order shall be stayed; or (2) grant the stay; or (3) deny the stay; or (4) condition the granting of the stay upon the giving of such a bond.
(d) Any order of discharge or reduction or any order of any such stay shall take effect upon recording of a certified copy thereof in the office of the town clerk in which such lien was originally recorded. The clerk of the court in which any such order is issued shall not deliver any certified copies thereof until the time for taking an appeal has elapsed or, if an appeal is taken and an application for a stay of the order is filed, until such time as a decision granting or denying the stay has been rendered.
(P.A. 75-418, S. 6, 10; P.A. 76-290, S. 5, 6; P.A. 79-602, S. 91.)
History: P.A. 76-290 specified in Subsec. (b) that order is stayed when party taking appeal posts bond and rephrased Subsec. (c); P.A. 79-602 rephrased provisions but made no substantive changes.
Cited. 180 C. 501. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583.
Cited. 6 CA 180; Id., 443; 10 CA 45; 22 CA 73; 27 CA 199; 41 CA 737; 54 CA 355.
Cited. 33 CS 552.
Subsec. (b):
Does not affect the continuing jurisdiction conferred on Superior Court by Sec. 52-212. 188 C. 253. 7-day time limit in section is inapplicable under present circumstances. 235 C. 595. Where defendant failed to request stay of judgment pending appeal of discharge of lien, court refused to reinstate the lien after plaintiff's recording of order of discharge on town land records under Subsec. (d), rendering defendant's appeal moot. 280 C. 25.
Notes of Decisions
Cited in
19
cases (
2 in the last 5 years), 1982–2025 · leading case:
Lichtman v. Beni, 905 A.2d 647 (Conn. 2006).
Lichtman v. Beni, 905 A.2d 647 (Conn. 2006).
· cites it 28× “The defendant, on April 11, 2005, filed its appeal within seven days of the trial court’s judgment, as required by General Statutes § 49-35c (b), 12 but the defendant never requested a stay of that judgment pursuant to that statute.”
New England Sav. Bank v. Meadow Lakes Realty Co., 668 A.2d 712 (Conn. 1996).
· cites it 12× “” General Statutes § 49-35c provides: “Appeal, (a) Any order entered as provided in subsection (b) of section 49-35b shall be deemed a final judgment for the purpose of appeal.”
Burke Constr., Inc. v. Smith, 677 A.2d 15 (Conn. App. Ct. 1996).
· cites it 14× “The plaintiff asserts in his supplemental brief that this court lacks subject matter jurisdiction over the appeal because it was filed after the expiration of the seven day appeal period specified by General Statutes §§ 49-35c and 52-325c. 2 We agree and, therefore, dismiss the…”
New Image Contractors, LLC v. Vill. at Mariner's Point Ltd. P'ship, 862 A.2d 832 (Conn. App. Ct. 2004).
· cites it 13× “While a seven day stay automatically followed the first order as provided by General Statutes § 49-35c (b), we conclude that the stay did not prevent Judge Munro from making a discharge order that superseded the first order.”
Pero Bldg. Co. v. Smith, 504 A.2d 524 (Conn. App. Ct. 1986).
· cites it 2× “General Statutes § 49-35c (a) provides that an order entered by the court denying an application to discharge a mechanic’s lien is “deemed a final judgment for the purposes of appeal.”
City of Bridgeport v. Debek, 554 A.2d 728 (Conn. 1989).
“cted, unless the party claiming the lien commences an action to foreclose it, by complaint, cross-complaint or counterclaim, and records a notice of lis pen-dens in evidence thereof on the land records of the town in which the lien is recorded within one year from the date the…”
36 DeForest Avenue, LLC v. Creadore, 915 A.2d 916 (Conn. App. Ct. 2007).
· cites it 2× “7 Pursuant to General Statutes § 49-35c (a), an order denying an application to discharge a mechanic’s lien is a final judgment for purposes of appeal.”
Santa Fuel, Inc. v. Varga, 823 A.2d 1249 (Conn. App. Ct. 2003).
· cites it 2× “General Statutes § 49-35c (a) provides: “Any order entered as provided in subsection (b) of section 49-35b shall be deemed a final judgment for the purpose of appeal.”
Pantlin & Chananie Dev. Corp. v. Hartford Cement & Bldg. Supply Co., 449 A.2d 162 (Conn. 1982).
· cites it 4× “In its memorandum of decision in response to those various motions, the court held that the exclusive mode of review of the propriety of its prior judgment discharging the mechanic’s lien was an appeal to this court within seven days of the discharge as provided under General…”
Red Rooster Constr. Co. v. River Assocs., Inc., 620 A.2d 118 (Conn. 1993).
“ected, unless the party claiming the lien commences an action to foreclose it, by complaint, cross-complaint or counterclaim, and records a notice of lis pendens in evidence thereof on the land records of the town in which the lien is recorded within one year from the date the…”
Weber v. Pascarella Mason Street, LLC, 930 A.2d 779 (Conn. App. Ct. 2007).
· cites it 2× “The defendant, in accordance with General Statutes § 49-35c, thereafter filed the present appeal.”
Northland Two Pillars, LLC v. Harry Grodsky & Co., 35 A.3d 333 (Conn. App. Ct. 2012).
· cites it 2× “General Statutes § 49-35c provides that any such order entered pursuant to § 49-35b (b) shall be deemed a final judgment for purposes of appeal.”
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