281 Conn. 64

WAGNER AND WAGNER AUTO SALES, INC. v. KATHLEEN B. TARRO ET AL.

(SC 17639)

Borden, Norcott, Katz, Palmer and Vertefeuille, Js.

Argued November 22, 2006

officially released January 16, 2007

Glenn T. Terk, with whom, on the brief, was Kathleen L. Matthews, for the appellants (defendants).

Carolyn A. Comerford, for the appellee (plaintiff).

Opinion

PER CURIAM.

In the summary process action underlying this certified appeal, the plaintiff, Wagner & Wagner Auto Sales, Inc., successfully sued to recover immediate possession from the defendants, Kathleen B. Tarro, Richard M. Tarro and Elegant Living, LLC, *65of commercial premises located in Wethersfield. The plaintiff alleged that the defendants had failed to pay the rent pursuant to a written sublease and rental security agreement commencing January 1, 2004. The defendants appealed, arguing, in part, that “the trial court improperly decided that . . . the landlord, an unregistered foreign corporation, was entitled to pursue its lawsuit in this state because it was not ‘transacting business’ within the meaning of General Statutes § 33-920 (a) . . ."1 Wagner & Wagner Auto Sales, Inc. v. Tarro, 93 Conn. App. 376, 377-78, 889 A.2d 875 (2006); see also General Statutes § 33-921 (a).2 The Appellate Court affirmed the judgment of the trial court, holding, in part, that the record was inadequate for review of the claim concerning the plaintiffs status as an unregistered foreign corporation because the trial court made no factual findings on that issue and the defendants never moved for articulation. Wagner & Wagner Auto Sales, Inc. v. Tarro, supra, 382.

The defendants appeal, following our grant of their petition for certification, from the judgment of the Appellate Court.3 The defendants claim that the record *66establishes that the plaintiff has transacted business within the state and, therefore, may not, pursuant to General Statutes § 33-921 (a),4 maintain a proceeding against the defendants without having obtained a certificate of authority to do so.

After examining the entire record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was improvidently granted.

The appeal is dismissed.

Wagner & Wagner Auto Sales, Inc. v. Tarro
281 Conn. 64

Case Details

Name
Wagner & Wagner Auto Sales, Inc. v. Tarro
Decision Date
Jan 16, 2007
Citations

281 Conn. 64

Jurisdiction
Connecticut

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