[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
A review of this case indicates that it has quite a convoluted procedural history. The underlying case originated as a foreclosure action in April, 1994. The case file is voluminous, consisting of over 260 combined pleadings, motions, objections, etcetera. Furthermore, the defendant has appealed numerous decisions at various stages of this case, thereby adding to its complexity.
The court finds no persuasive evidence indicating that the law office filed its motion to reopen judgment on December 13, 2000, with any dishonest, malicious or improper motives. The law office certainly could have been confused with the dates and state of the pleadings when it filed its motion to reopen judgment. Moreover, the court was not misled in any way because it denied the motion, through its clerk, on January 2, 2001. Consequently, the defendant's motion for sanctions is denied.
"The granting of a motion for reconsideration, pursuant to Practice Book § [11-12], is within the sound discretion of the trial court. . . . The court is not precluded from reexamining its own decision, within a reasonable time after its rendition, if it appears that otherwise CT Page 5408 injustice may result . . . (Citations omitted; internal quotation marks omitted.) Sammarco v. Hillside Village Condominium Assn., Superior Court, judicial district of Fairfield at Bridgeport, Docket No. 403926 (January 5, 1998, Levin, J.).
In his motion for reconsideration, the defendant fails to demonstrate that the court committed an error of law in denying his motion for sanctions on December 19, 2000. Similarly, the defendant fails to provide new evidence that would justify the granting of his motion for reconsideration. As previously noted, the court found that the plaintiff's filing of its motion to reopen judgment on December 13, 2000, was not a dishonest or fraudulent act. In accord with the foregoing, the defendant's motion for reconsideration is denied.
___________________, J. THOMAS G. WEST