Legal Opinion
Southport Manor Convalescent Center, Inc. v. Foley
Supreme Court of Connecticut
Decided July 31, 1990No. 13869PublishedCited by 24 opinions
1Opinion of the CourtCovello, J.
The issue presented in this case is whether the dismissal of an earlier action for failure to file a timely memorandum in opposition to a motion to dismiss constitutes a final judgment to which the principles of res judicata thereafter attach. We conclude that, under the circumstances presented here, the issues raised in the earlier action have not been disposed of on their merits and are not res judicata, and that the trial court therefore should not have granted a motion to dismiss the subsequent, identical action.
Examination of the record discloses that on September 25,1987, the…
2Cases cited13 opinions
- Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
- Rhodes v. City of HartfordSupreme Court of Connecticut · 1986
- Halpern v. Board of EducationSupreme Court of Connecticut · 1985
- Ducharme v. City of PutnamSupreme Court of Connecticut · 1971
- Lampasona v. JacobsSupreme Court of Connecticut · 1989
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3Cited by24 opinions
- Foley v. Huntington Co.Connecticut Appellate Court · 1996
- MATTER OF LUNA v. DobsonNew York Court of Appeals · 2001
- Bridgeport Harbour Place I, LLC v. GanimConnecticut Appellate Court · 2011
- Rosenfield v. CymbalaConnecticut Appellate Court · 1996
- Amore v. FrankelConnecticut Appellate Court · 1992
19 more not listed; retrieve them via the Exa API.