(a) Any order entered as provided in subsection (b) of section
52-325b shall be deemed a final judgment for the purpose of appeal.
(b) No appeal shall be taken from such order except within seven days thereof. The effect of such order shall be automatically stayed for such seven-day period. If an appeal is taken within such seven-day period, the party taking such appeal may, within such period, file an application with the clerk of the court in which such order was issued, requesting a stay of the effect of such order pending such appeal, which application shall set forth the reasons for such request. A copy of such application shall be sent to the adverse party by the applicant. Upon the filing of such application, the effect of such order shall be further stayed until a decision is rendered thereon. A hearing on such application shall be held promptly. Such order shall be stayed if the party taking such appeal posts a bond, as provided in subsection (c) of this section.
(c) Upon the hearing on such application, the court shall: (1) Upon motion of the party taking the appeal set an amount of bond with surety for the stay of such order as provided in subsection (b) of this section, which amount shall be as 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 such 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 any order of any stay shall take effect upon recording of a certified copy thereof in the office of the town clerk in which such notice of lis pendens was 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 such order is filed, until such time as a decision granting or denying such stay has been rendered.
(e) When a certified copy of such order of discharge of notice of lis pendens has been recorded, such discharged notice of lis pendens shall not be deemed to constitute constructive notice of the claim of the party recording such notice to any third party who acquires his interest in the particular property either before or after the recording of such discharge.
(P.A. 81-8, S. 4, 9.)
Cited. 189 C. 471; 209 C. 15; 217 C. 24.
Cited. 10 CA 166; 18 CA 16; 36 CA 206; Id., 469; 41 CA 737; 42 CA 617; 45 CA 324.
Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.
Subsec. (a):
Any denial, under Sec. 52-325b(b)(1), of a motion to discharge a notice of lis pendens that challenged the existence of probable cause constitutes a final judgment. 214 CA 750.
Notes of Decisions
Brookstone Homes, LLC v. Merco Holdings, LLC, 208 Conn. App. 789 (Conn. App. Ct. 2021).
· cites it 20× “On May 12, 2021, the appellants timely filed this appeal within seven days of the judgment in the lis pendens case granting the application to discharge lis pendens, as required by General Statutes § 52-325c (b).5 The appeal form also indicated that the appeal was being filed in…”
Brown v. Rosen, 650 A.2d 568 (Conn. App. Ct. 1994).
· cites it 8× “The plaintiffs first claim that the defendants’ appeal is untimely pursuant to General Statutes § 52-325c (b), which provides a seven day appeal period.”
Dunham v. Dunham, 584 A.2d 445 (Conn. 1991).
· cites it 4× “To complete the scenario, § 52-325c (a) *38 then provides that “[a]ny order entered as provided in subsection (b) of section 52-325b shall be deemed a final judgment for the purpose of appeal.”
Srager v. Koenig, 651 A.2d 752 (Conn. App. Ct. 1994).
· cites it 11× “The defendant asserts in his motion to dismiss 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 § 52-325c (b). 1 We agree.”
Second Injury Fund v. Lupachino, 695 A.2d 1072 (Conn. App. Ct. 1997).
· cites it 4× “” Relying on Ambroise , this court said: “Our review of General Statutes § 52-325c, informed by the Ambroise analysis, leads us to conclude that the failure to appeal within the specified time period deprives this court of subject matter jurisdiction.”
Cadle Co. v. Gabel, 794 A.2d 1029 (Conn. App. Ct. 2002).
· cites it 2× “Pursuant to General Statutes § 52-325c (a), the court’s order is an appeal-able final judgment.”
Burke Constr., Inc. v. Smith, 677 A.2d 15 (Conn. App. Ct. 1996).
· cites it 6× “” General Statutes § 52-325c, which relates to lis pendens, provides in pertinent part: “Appeal, (a) Any order entered as provided in subsection (b) of section 52-325b shall be deemed a final judgment for purpose of appeal.”
Srager v. Koenig, 681 A.2d 323 (Conn. App. Ct. 1996).
· cites it 2× “Subsequently, the fourth notice of lis pendens was also discharged by the court, Vertefeuille, J.”
Zak v. Weisman, 556 A.2d 181 (Conn. App. Ct. 1989).
· cites it 4× “The defendant appeals, pursuant to General Statutes § 52-325c (a), 1 from the trial court’s denial of his motion for discharge of notice of lis pendens.”
Sanstrom v. Strickland, 523 A.2d 507 (Conn. App. Ct. 1987).
· cites it 2× “The plaintiffs appeal from the trial court’s discharge of a lis pendens which had been filed against real property owned by the defendants pursuant to General Statutes § 52-325. On January 6, 1986, after a hearing held in accordance with General Statutes § 52-325a, the trial…”
Fairlake Capital, LLC v. Lathouris (Conn. App. Ct. 2022).
· cites it 12× “I conclude that (1) the trial court’s pro forma denial of the motion to discharge, predicated solely on the procedural ground that the discretionary stay was in effect, is a final judgment for appeal pur- poses pursuant to General Statutes § 52-325c (a) only when, in accordance…”
Fairlake Capital, LLC v. Lathouris (Conn. App. Ct. 2022).
· cites it 6× “11 See General Statutes § 52-325c (b). Section 52-325c (a) plainly states that ‘‘[a]ny order entered as provided in subsection (b) of section 52- 325b’’ constitutes a final judgment for the purpose of appeal.”
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