Morelli v. Manpower, Inc

In Morelli v. Manpower, Inc., 34 Conn. App. 419, 642 A.2d 9 (1994), the trial court had dismissed the plaintiff's action pursuant to Practice Book 251, now 14-3, for failure to prosecute diligently. The action was dismissed on June 28, 1991, but the plaintiff did not file a motion to open the judgment until November 21, 1991. Id. at 421. The court denied the motion, stating that it lacked jurisdiction because more than four months had elapsed between the date of the judgment and the motion to open. Id. at 422. On appeal, we stated that "it is axiomatic that the right to move to open and vacate a judgment assumes that the party who is to exercise the right be given the opportunity to know that there is a judgment to open. . . . A notation that the clerk's office has sent notice to all parties of record raises a presumption that notice was sent and received in the absence of a finding to the contrary. . . . Because the presumption is rebuttable, it follows that the plaintiff is entitled to a hearing to have an opportunity to present such rebuttal evidence." Id. at 423.