Mayor v. Mayor

17 Conn. App. 627 (1989) · Connecticut Appellate Court · March 14, 1989

Summary

The Connecticut Appellate Court held that the Superior Court lacked jurisdiction to change the surname of a nonparty minor child in a marriage-dissolution proceeding. The court ruled that a parent seeking the change must proceed under the statutory change-of-name process and applicable procedures for minor children, and it set aside the name-change order.

Holdings

  1. The Superior Court lacked subject matter jurisdiction to change the name of a nonparty minor child incident to the dissolution of the parents' marriage. A name change for a minor child must be pursued through a complaint under General Statutes § 52-11 and the procedures in Practice Book § 105.
  2. The defendant's subject matter jurisdiction claim was reviewable for the first time on appeal because lack of subject matter jurisdiction cannot be waived.

Questions Presented

  1. Whether the Superior Court had subject matter jurisdiction, in an action for dissolution of marriage, to change the name of a nonparty minor child at the request of one parent.

Disposition

reversed_and_remanded

Cases Cited (14)

  • Farricielli v. Personnel Appeal Board, 186 Conn. 198, 210, 440 A.2d 286 (1982)(followed)
  • Capalbo v. Planning & Zoning Board of Appeals, 208 Conn. 480, 486, 547 A.2d 528 (1988)(followed)
  • Nicotra Wieler Investment Management, Inc. v. Grower, 207 Conn. 441, 451, 541 A.2d 1226 (1988)(followed)
  • State v. Champagne, 206 Conn. 421, 428, 538 A.2d 193 (1988)(followed)
  • Rhodes v. Hartford, 201 Conn. 89, 93, 513 A.2d 124 (1986)(followed)
  • Lundgren v. Stratford, 12 Conn. App. 138, 142, 530 A.2d 183, cert. denied, 205 Conn. 808, 532 A.2d 76 (1987)(followed)
  • Gill v. Petrazzuoli Bros., Inc., 10 Conn. App. 22, 31, 521 A.2d 212 (1987)(followed)
  • Berger v. Tonken, 192 Conn. 581, 589, 473 A.2d 782 (1984)(followed)
  • Blue Cross & Blue Shield of Connecticut, Inc. v. Mike, 184 Conn. 352, 362, 439 A.2d 1026 (1981)(followed)
  • Heffernan v. Slapin, 182 Conn. 40, 46, 438 A.2d 1 (1981)(followed)

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