Inv. Assocs. v. Summit Assocs., Inc.

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In 1991, Plaintiff commenced an action to recover on a promissory note. In 1992, Defendant, a guarantor of the note, moved from Connecticut to South Carolina. In 1994, the trial court rendered judgment in Plaintiff's favor. In 2007, Plaintiff commenced an action in Connecticut against Defendant to enforce the judgment. The trial court dismissed the action for lack of personal jurisdiction, concluding that Defendant's contact with Connecticut was insufficient to satisfy the requirements of either the long arm statute or due process. In 2009, the Legislature enacted Conn. Stat. 52-598(c), a mechanism whereby a judgment creditor can "revive" an unsatisfied judgment for money damages before the period for enforcement expires. Plaintiff subsequently filed a motion to revive the 1994 judgment. The trial granted the motion. The appellate court affirmed. The Supreme Court affirmed, holding that the appellate court properly determined that (1) Defendant's challenge to the trial court's subject matter jurisdiction on appeal was barred as an improper collateral attack on the original judgment; and (2) section 52-598(c) applies retroactively and provides a proper basis for the trial court's jurisdiction over Defendant for purposes of adjudicating the motion to revive. View "Inv. Assocs. v. Summit Assocs., Inc." on Justia Law