Opinion
(SC 16184)
Argued March 21, 2000
Officially released May 9, 2000
Application to discharge a mechanic's lien placed on certain of the plaintiff's real property, brought to the Superior Court in the judicial district of Fairfield, where the court, Melville, J., rendered judgment granting the application, from which the defendant appealed to the Appellate Court, O'Connell, C.J., and Hennessy and Daly, Js., which affirmed the trial court's judgment, and the defendant, on the granting of certification, appealed to this court. Appeal dismissed.
Lawrence P. Weisman, with whom, on the brief, was Deanna S. Levine, for the appellant (defendant).
Matthew J. Broder, for the appellee (plaintiff).
Opinion
After examining the 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 granted improvidently.
We granted the defendant's petition for certification to appeal from the judgment of the Appellate Court; E A Development, Inc. v. Paragon Builders of Connecticut, Inc., 54 Conn. App. 355, 735 A.2d 830 (1999); limited to the following issues: (1) "Did the Appellate Court properly conclude that the defendant's claim is moot because the funds had already been distributed in accordance with the trial court's order discharging the mechanic's lien?"; (2) "Did the Appellate Court correctly conclude that because the trial court properly discharged the mechanic's lien, there was no need for the funds to have been held as security?"; (3) "Did the Appellate Court properly conclude that the defendant's claim is moot because we can no longer grant any practical relief?"; and (4) "Did the Appellate Court properly conclude that the decision of the trial court discharging the mechanic's lien without imposing the seven day stay mandated by General Statutes § 49-35c (b) was correct?" E A Development, Inc. v. Paragon Builders of Connecticut, Inc., 250 Conn. 929, 738 A.2d 655 (1999).