Foreign Judgment Appeal Stays CT Enforcement Action

Plaintiff in this Connecticut appeal (Edizione, S.P.A. v. Dragone) obtained a money judgment against defendants from a court in Rome, Italy. Alleging that the individual defendant was a Connecticut resident and the corporate defendant was a Connecticut corporation, plaintiff commenced a collection action in Connecticut pursuant to the Uniform Enforcement of Foreign Judgments Act (UEFJA). Plaintiff also alleged in its complaint that there had been a “full and fair hearing on the merits of the claims in Italy, that the judgment remained unsatisfied, and that the judgment had not been stayed or appealed.” Defendants did not appear in the Connecticut action.

A year and a half later, the Connecticut trial court held a dormancy hearing. Plaintiff represented that defendants had appealed the Italian judgment and asked the Connecticut court to stay the Connecticut action pending the outcome of the Italian appeal. The court denied the requested stay and dismissed the action pursuant to Practice Book § 14-3 for failure to prosecute.

“[P]laintiff filed a motion for clarification or to open the judgment. In that motion the plaintiff requested that the court either clarify that its dismissal was without prejudice to the plaintiff refiling
the action after the Court of Appeals of Rome decided the appeal, or that the court restore the matter to the docket and order that it be stayed pending the outcome of the appeal in the Court of Appeals of Rome.”

The trial court denied the motion for clarification. Plaintiff appealed. The Appellate Court reversed.

Plaintiff’s Argument on Appeal

“The plaintiff argues that, during these enforcement proceedings, the defendants filed an appeal in the Court of Appeals of Rome, of the Court of Rome’s judgment, and that, pursuant to [CGS] § 52-606, [a provision of the UEFJA], this matter should be stayed pending the outcome of that appeal.”

Appellate Court Concludes that Foreign Judgment Appeal Stays Connecticut Enforcement Action

“Section 52-606 provides: ‘(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending … the court shall stay enforcement of the foreign judgment until the appeal is concluded ….'”

“Although generally, a request to stay enforcement of a foreign judgment is made by the judgment debtor, which in this case would be the nonappearing defendants, the plaintiff requested that this action to enforce the Court of Rome’s judgment be stayed pending the outcome of the defendants’ appeal of that judgment to the Court of Appeals of Rome. We can ascertain no reason why it would be improper to allow the plaintiff, a judgment creditor in this case, to make such a request.”

“The judgment is reversed and the case is remanded to the trial court with direction to restore the case to the docket and to stay the matter pending the outcome of the appeal in the Court of Appeals of Rome.”