IRENE NOVAK v. RICHARD LEVIN, M.D., et al., SC 17857/17858

Judicial District of Stamford

      Appellate Procedure; Whether the Appellate Court Lost Jurisdiction to Open a Judgment of Dismissal Following Expiration of the Practice Book Deadlines Governing Reconsideration or Review of that Order.  The plaintiff brought this medical malpractice action against the two defendant doctors.  The defendants prevailed at trial, and the plaintiff appealed to the Appellate Court.  The defendants moved to dismiss the appeal, citing technical deficiencies on the plaintiff's appeal form.  The Appellate Court ordered that the appeal would be dismissed unless the plaintiff filed a corrected appeal form and other missing appellate documents by August 4, 2006.  The plaintiff did not file a corrected appeal form by the deadline imposed and subsequently moved that the Appellate Court set aside its previous order and allow the form to be filed late.  The Appellate Court granted the plaintiff's motion and permitted the plaintiff to file a corrected appeal form by August 31, 2006.  When the plaintiff did not comply with the new deadline, the Appellate Court dismissed the appeal on September 6, 2006, and issued notice of that decision the following day.  On September 29, 2006, the plaintiff moved to set aside the dismissal, and the Appellate Court denied that motion on October 26, 2006.  On November 6, 2006, the plaintiff filed motions for reconsideration and for reconsideration en banc of the order denying her motion to set aside the dismissal of her appeal.  The Appellate Court granted the motions, ordering the plaintiff to file a proper appeal form within thirty days and stating that no further extensions would be allowed.  The defendants sought certification to appeal from that order, which the Supreme Court granted.  On appeal, it will consider whether the Appellate Court properly granted the plaintiff's motions for reconsideration of the order dismissing her appeal.  The defendants argue that, as the plaintiff neither moved for reconsideration of the September 6, 2006 order of dismissal within ten days as required by Practice Book § 71-5 nor sought certification for review of that order from the Supreme Court within twenty days pursuant to Practice Book § 84-4, the order of dismissal became final and irrevocable on September 27, 2006, such that the Appellate Court lost jurisdiction to disturb it.