Thompson v. Zagaja

Summary

The Connecticut Appellate Court dismissed Earl Thompson’s appeal from the trial court’s judgment granting summary judgment against his petition for a new trial. The court held that, under General Statutes § 54-95 (a) and Santiago v. State, the appeal could not be entertained because Thompson had not obtained certification to appeal.

Holdings

1. An appellate court should decline to entertain an appeal challenging the denial of a petition for a new trial until the petitioner has first sought certification to appeal under § 54-95 (a). Because Thompson failed to obtain certification before filing his appeal, the appeal was dismissed.

Questions Presented

1. Whether the Connecticut Appellate Court should entertain an appeal from a judgment functionally equivalent to a judgment denying a petition for a new trial when the petitioner failed to obtain the certification required by General Statutes § 54-95 (a).
2. Whether the petitioner's challenge to the allegedly untimely filing of the respondent's summary-judgment motion could be considered without the required certification.

Disposition

dismissed