Thomas Tinnerello et al. v. Laura Beth Pezzolisi (2012)

ORDER OF STAY

On November 17, 2011, the plaintiffs, Thomas Tinnerello and Salvatore Tinnerello, filed a single-count complaint against the defendant, Laura Beth Pezzolisi, seeking to enforce an alleged contract of settlement related to the distribution of certain sales proceeds.   On December 15, 2011, the defendant filed a motion for summary judgment.   On December 15, 2011, the plaintiffs filed a motion for summary judgment.

On July 28, 2010, the defendant and Joseph Tinnerello instituted an interpleader action against the plaintiffs regarding entitlement to the same sales proceeds.   See Joseph Tinnerello v. Thomas Tinnerello, Superior Court, judicial district of New London, Docket No. 10 6005302 (October 3, 2011, Koletsky, J.).   Following a court trial, the plaintiffs appealed, and the appeal is currently pending before the Appellate Court.

In the present action, the plaintiffs seek to enforce an alleged stipulation for judgment, dated May 18, 2011, claiming it is a contract for settlement.   In the appellate case, the plaintiffs seek, inter alia, a determination regarding whether the trial court erred by excluding evidence of the alleged stipulation for judgment, dated May 18, 2011.   Accordingly, the resolution of the legal issues on appeal may affect the issues in the present case.

“[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.   How this can best be done calls for the exercise of judgment, which must weigh competing interests and maintain an even balance.”  (Internal quotation marks omitted.)   Lee v. Harlow, Adams & Friedman, P.C., 116 Conn.App. 289, 311–12, 975 A.2d 715 (2009).   In light of the overlapping issues, this court, sua sponte, stays the proceedings of the present litigation pending the outcome of the appeal in the interpleader action.

Martin, J.

Martin, Robert A., J.