Osborne v. Osborne
In Osborne v. Osborne, 2 Conn. App. 635, 638, 482 A.2d 77 (1984), the trial court entered an order that a nonsuit would enter unless the plaintiff complied with the defendant's discovery requests within one week. Id., 637. She did not do so and judgment of nonsuit entered. Id., 637-38.
The plaintiff argued that because she never had received notice of the actual entry of the disciplinary nonsuit, no judgment of nonsuit had in fact entered, and the judgment should have been vacated. Id., 638. This court held that the failure to send notice or to enter judgment into the record did not affect the validity of the judgment of nonsuit. Id.
The Court explained that "an order of nonsuit terminates an action when it is issued and no further proceedings are necessary. . . . A judgment of nonsuit is a pro forma action of a clerk and the clerk of the court is no longer required to mail a copy of the nonsuit to the party against whom it is directed. . . . It is of no consequence that the plaintiff did not receive further notice. The original notice was sufficient. The plaintiff was fully aware that a nonsuit was to enter unless she complied with the order." Id.