Kathleen R. Dooney v. Peter Dooney (2010)

ORDER

This action comes before the court on the motion of the Defendant, Peter Dooney, to Dismiss.   The basis for the motion is the existence of a prior pending action, namely a near mirror image action for divorce filed by the Defendant and also pending in this district (No. FST 10-4018950-S).  A comparison of the two files shows the complaints bear the same date and same return dates, but the '950 action was served a single day before this action ('998).   The Plaintiff, Kathleen Dooney, has not filed any objection to this motion.

Following the traditional principles for determining the date of commencement in mesne process proceedings, the date of commencement is the date of service, Hillman v. Greenwich, 217 Conn. 520, 527 (1991), and the '950 action is the earlier commenced action.   Accordingly, the Defendant's Motion is granted and this action ('998) is dismissed.

WILLIAM WENZEL

SUPERIOR COURT JUDGE

Wenzel, William, J.