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Section 52-278l – Appeal

May 11, 2021 | Civil Procedure, Connecticut

(a) An order (1) granting or denying a prejudgment remedy following a hearing under section 52-278d or (2) granting or denying a motion to dissolve or modify a prejudgment remedy under section 52-278e or (3) granting or denying a motion to preserve an existing prejudgment remedy under section 52-278g shall be deemed a final judgment for purposes of appeal.
(b) No such appeal shall be taken except within seven days of the rendering of the order from which the appeal is to be taken.
(c) No such order shall be stayed by the taking of an appeal except upon the order of the judge who made such order, and any such stay shall be granted only if the party taking the appeal posts a bond, with surety, in a sum determined by such judge to be sufficient to indemnify the adverse party for any damages which may accrue as a result of such stay.
(d) If a motion to discharge such prejudgment remedy is brought by the defendant, the property affected by such remedy may be restored to the use of the defendant, if the defendant posts a bond with surety in an amount determined by such judge to be sufficient to indemnify the plaintiff for any damages which may accrue by the defendant’s continued use of such property, until such time as such motion is decided.

Conn. Gen. Stat. ยง 52-278l

(P.A. 76-401, S. 4, 7.)

Cited. 181 Conn. 42. Implied power exists for trial court to grant extension of time within which to take an appeal. 182 C. 577. Cited. 184 Conn. 85; 186 Conn. 329; 188 Conn. 69; 192 Conn. 1; Id., 150; 213 Conn. 612; 218 Conn. 162; 220 C. 152; Id., 904; 222 Conn. 331; 223 Conn. 68; 224 Conn. 29; 226 Conn. 757; Id., 773; 229 Conn. 455; 230 Conn. 441; 232 Conn. 216; 233 Conn. 44; Id., 153; 235 C. 650; 236 Conn. 746; 237 Conn. 339; 240 C. 623. Court had jurisdiction to review defendant’s claim that trial court improperly denied her motion to dismiss because claim necessarily encompassed issues presented by prejudgment remedy, which constitutes final judgment. 304 C. 546. Cited. 1 Conn.App. 188; Id., 519; 2 Conn.App. 388; 6 CA 622; 10 CA 144; 11 Conn.App. 289; 21 Conn.App. 661. Does not apply to appeal of a temporary injunction. 25 Conn.App. 28. Cited. 28 Conn.App. 809; 29 CA 48; 34 Conn.App. 303; 36 CA 469; 39 Conn.App. 149; 41 CA 737; 45 Conn.App. 324. Appeal that was filed 9 months after order for a prejudgment remedy was granted is untimely. 53 CA 425. Cited. 38 Conn.Supp. 98.