Sequenzia v. Guerrieri Masonry, Inc., 298 Conn. 816

Summary

The Supreme Court of Connecticut held that the Appellate Court improperly reversed a negligence judgment on an instructional-error claim that the defendant had raised in posttrial motions but abandoned by failing to brief it on appeal. The court reversed and remanded for consideration of the claims properly presented to the Appellate Court.

Holdings

1. Except for questions involving subject matter jurisdiction, the Appellate Court may not decide a case on a basis that the parties never raised or briefed. If the Appellate Court elects to address an issue not previously raised or briefed, it must first request supplemental briefs or allow the parties an opportunity for argument.
2. A claim of error that is not properly briefed on appeal is considered abandoned; posttrial motions and papers filed in the trial court do not substitute for appellate briefing.
3. The Appellate Court improperly relied on the abandoned instructional-error claim under the plain-error doctrine because the claim had been raised and litigated in the trial court, was abandoned on appeal, and was not presented to the parties for appellate briefing or argument.

Questions Presented

1. Whether the Appellate Court improperly reversed the trial-court judgment on an instructional-error claim that the defendant had raised in posttrial proceedings but abandoned by failing to raise or brief it on appeal.
2. Whether the Appellate Court could reach the abandoned instructional-error claim under its supervisory or plain-error authority without ordering supplemental briefing or allowing argument.

Disposition

reversed_and_remanded