Open Solutions, Inc. v. Credit Union of Johnston County (2011)

MEMORANDUM OF DECISION ON MOTION TO DISMISS

This is an action to collect license fees due under a contract between plaintiff's predecessor and the defendant.

On August 31, 2011, defendant filed this motion to dismiss claiming defendant is not a Connecticut corporation or a foreign corporation authorized to do business in Connecticut and it conducted no business in Connecticut.

Practice Book § 10–30 requires that a motion contesting the court's jurisdiction must be filed “written thirty days of the filing of an appearance.”

Plaintiff claims this motion is untimely under Practice Book § 10–30, since defendant filed its appearance on June 28, 2010, thus having until July 28, 2010 to file this motion, but instead filed a motion for extension of time on July 29, 2010.

Defendant argues that its motion is timely because it was filed within thirty days of the return date as provided under Practice Book § 10–8.

Practice Book § 10–32 provides that any claim of lack of jurisdiction is waived “if not raised by a motion to dismiss filed in the sequence provided in sections 10–6 and 10–7 and within the time provided by § 10–30.”

The time sequence of filing pleadings set forth in § 10–32 and § 10–6 does not mitigate the strict requirement of filing within thirty days after an appearance set forth in § 10–30.   Motion to dismiss denied.

Wagner, J., JTR

Wagner, Jerry, J.T.R.