OCI Mortgage Corp. v. Marchese

In OCI Mortgage Corp. v. Marchese, 48 Conn. App. 750, 754, 712 A.2d 449 (1998), the defendant property owners in a foreclosure action appealed from the court's order sustaining the plaintiff's objection to the acceptance of the attorney trial referee's report. Id., 48 Conn. App. 750. The court, in sustaining the plaintiff's objection, remanded the case to the same attorney trial referee to "'proceed in a manner not inconsistent with'" the trial court's decision. Id., at 752. The plaintiff filed a motion to dismiss the appeal on the ground that the court's order was not a final judgment. Id. at 751-52. In granting the motion to dismiss, we distinguished In re Application of Clinton Oyster Ground Committee, explaining that "a party cannot appeal from a trial court's order sustaining an objection to an attorney trial referee's report, but rather must appeal from the judgment that is rendered thereon. . . . Here, the trial court has not yet rendered judgment. It has simply remanded the case to the attorney trial referee for further proceedings. Accordingly, there is no judgment from which the defendants may appeal." Id., at 754.