McLACHLAN, J.
This joint appeal arises out of an action (original action) brought by Cadlerock Joint Venture II, L.P. (Cadlerock), to recover on a promissory note guaranteed by Wageeh S. Aqleh
In Cadlerock Joint Venture II, L.P. v. Milazzo, 287 Conn. 379, 949 A.2d 450 (2008), we set forth the following relevant facts and procedural history. "On July 17, 1991, Michael Milazzo, president of Melina Enterprises, Inc. (Melina), executed a commercial note in favor of Connecticut Savings Bank (bank) in the principal amount of $175,000, payable in full, together with interest, on July 1, 1996. The note was guaranteed by seven individuals, including Michael Milazzo and [Aqleh]." Id., at 381, 949 A.2d 450. Melina subsequently defaulted on the note, and on or about July 25, 1997, the bank assigned the note to Cadlerock. Id., at 382, 949 A.2d 450. "In October, 1998, [Cadlerock] brought the [original] action [to collect on the matured note] against Melina, [Aqleh] and three other individual guarantors...." Id. Cadlerock unsuccessfully attempted to serve Aqleh. Id., at 382-89, 949 A.2d 450. On December 18, 2002, Cadlerock attached Aqleh's property, and, Aqleh, after receiving notice of the attachment in late 2002 or
Although this court had affirmed the judgment of the trial court in favor of Aqleh, Cadlerock did not release its attachment of Aqleh's property. Consequently, Aqleh commenced the separate, subsequent action against Cadlerock on August 26, 2008, requesting that the attachment be discharged. On September 15, 2008, Cadlerock attempted to rescue its claim against Aqleh and thus save its attachment of Aqleh's property by filing a motion to cite in Aqleh as an additional defendant in the original action. The trial court denied the motion on the grounds that: (1) the original action had not been "commenced" or "determin[ed]" within the meaning of § 52-592(a); (2) the motion to cite in Aqleh as an additional defendant in the original action did not constitute a "new action," and was, in fact, an attempt to relitigate the same issue in the same action; and (3) the granting of Cadlerock's motion to cite in Aqleh would defeat the public policy behind the statute of limitations, which is to promote the finality of the litigation process. In the subsequent action, because the trial court found that Cadlerock no longer had a claim against Aqleh, it granted Aqleh's application to discharge the attachment. This joint appeal followed.
Before we proceed to the merits of Cadlerock's claims, we address the threshold question of whether the rulings challenged in this joint appeal constitute final judgments. Cadlerock asserts that both of the rulings—the trial court's denial of its motion to cite in Aqleh as an additional defendant in the original action and the court's ruling granting Aqleh's application to discharge the attachment in the subsequent action—are interlocutory orders that are appealable final judgments pursuant to State v. Curcio, 191 Conn. 27, 31, 463 A.2d 566 (1983). We recognize that the court's denial of Cadlerock's motion to cite in Aqleh as an additional defendant in the original action is not, by itself, a final judgment. Nevertheless, because that decision is inextricably intertwined with the trial court's ruling granting the application to discharge the attachment, we conclude that the joint appeal is taken from appealable final judgments.
The sole claim before the trial court in the subsequent action was Aqleh's application seeking a discharge of the attachment
Although we acknowledge that, generally, the denial of a motion to cite in an additional party is not an appealable interlocutory order; see e.g., Guthrie v. Hartford National Bank & Trust Co., 146 Conn. 741, 742, 156 A.2d 192 (1959); our conclusion that the court's ruling granting the discharge application constituted a final judgment renders it unnecessary for us to determine whether the trial court's denial of Cadlerock's motion to cite in Aqleh as a defendant in the original action constituted a final judgment for purposes of appeal. "[I]n some circumstances, the factual and legal issues raised by a legal argument, the appealability of which is doubtful, may be so `inextricably intertwined' with another argument, the appealability of which is established that we should assume jurisdiction over both." Clukey v. Sweeney, 112 Conn.App. 534, 542, 963 A.2d 711 (2009); see also Collins v. Anthem Health Plans, Inc., 266 Conn. 12, 29-30, 836 A.2d 1124 (2003) (unnecessary to address whether counts that were not brought pursuant to Connecticut Unfair Trade Practice Act [CUTPA] were appealable because they were "inextricably intertwined" with appealable CUTPA counts). The two rulings at issue in this joint appeal are inextricably intertwined. The validity of the attachment rests on the viability of Cadlerock's original action against Aqleh. Therefore, the trial court's denial of Cadlerock's motion to cite in Aqleh as an additional defendant cannot be separated from a consideration of the trial court's granting of Aqleh's application to discharge the attachment. Indeed, in its objection to the application to discharge the attachment, Cadlerock relied primarily on its motion to cite in Aqleh as an additional defendant in the original action, contending that if the motion to cite in were granted, then the attachment would be valid. Even if the denial of Cadlerock's motion to cite in Aqleh as an additional defendant were not a final judgment for purposes of appeal, we would deem Cadlerock's claim raising that issue in the other case reviewable. Thus, we conclude that both of the trial court's rulings are appealable.
Cadlerock first claims that the trial court improperly denied its motion to cite in Aqleh as an additional defendant in the original action because a motion to cite in constitutes an "action" within the meaning of the accidental failure of suit statute, § 52-592(a). Cadlerock contends that a motion to cite in is an action in and of itself and that the original action and the motion to cite in Aqleh are not the same actions. Aqleh argues that because a motion to cite in does not "commence a new action" within the meaning of § 52-592(a), Cadlerock may not rely on § 52-592(a) to cite in Aqleh to the original action. We hold that the trial court properly denied Cadlerock's motion because a motion to cite in an additional defendant is not an "action"
The question of whether a motion to cite in an additional defendant constitutes an "action" within the meaning of § 52-592(a) presents a question of statutory interpretation, over which we exercise plenary review. Ziotas v. Reardon Law Firm, P.C., 296 Conn. 579, 587, 997 A.2d 453 (2010). "When construing a statute, [o]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature.... In seeking to determine that meaning, General Statutes § 1-2z directs us first to consider the text of the statute itself and its relationship to other statutes." (Internal quotation marks omitted.) Id. Specifically, § 1-2z provides: "The meaning of a statute shall, in the first instance, be ascertained from the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of the statute shall not be considered." "The test to determine ambiguity is whether the statute, when read in context, is susceptible to more than one reasonable interpretation." (Internal quotation marks omitted.) Ziotas v. Reardon Law Firm, P.C., supra, at 587, 997 A.2d 453.
As directed by § 1-2z, we begin with the text of § 52-592(a), which provides in relevant part: "If any action, commenced within the time limited by law, has failed one or more times to be tried on its merits because of insufficient service or return of the writ ... or because the action has been dismissed for want of jurisdiction ... or if, in any such action after a verdict for the plaintiff, the judgment has been set aside, or if a judgment of nonsuit has been rendered or a judgment for the plaintiff reversed, the plaintiff ... may commence a new action ... for the same cause at any time within one year after the determination of the original action or after the reversal of the judgment." (Emphasis added.)
Although the term "action" is not defined by the statute, the statutory text makes clear that the term is employed in the traditional sense, to refer to a civil action commenced by service of process, not a motion filed within the action. Section 52-592(a) begins by stating that it applies only to original actions "commenced within the time limited by law...."
Section 52-592(a) applies to an original action that "has failed ... because of insufficient service or return of the writ...." A writ accompanies a summons and complaint, not a motion. General Statutes § 52-45a.
Our analysis of related statutes confirms our conclusion that § 52-592(a) plainly and unambiguously does not include a motion to cite in a party as an action. Specifically, many of the civil action statutes refer to actions and motions as separate and distinct
This conclusion is confirmed by reference to Practice Book § 11-2, which defines "`motion'" as "any application to the court for an order, which application is to be acted upon by the court or any judge thereof...." Moreover, a motion to cite in or add new parties merely brings them into a case; it does not provide a separate basis for a judgment for or against new parties. Woods v. Lavitt, 110 Conn. 668, 669, 149 A. 392 (1930). For that to occur, the complaint must be amended to allege a cause of action for or against them. Id. As one court concisely has stated, "the office of a motion is not to initiate new litigation, but to bring before the court for some ruling some material but incidental matter arising in the progress of the case in which the motion is filed." State v. McNerny, 239 Neb. 887, 890, 479 N.W.2d 454 (1992); see also Donald J. v. Evna M., 81 Cal.App.3d 929, 934, 147 Cal.Rptr. 15 (1978) ("A motion is not an independent right or remedy; it is confined to incidental matters in the progress of a cause. A motion relates to some question that is collateral to the main object of the action and is connected with and dependent upon the principal remedy."); 56 Am.Jur.2d 6, Motions, Rules, and Orders § 1(2010) ("[t]he purpose of a motion is not to initiate new litigation, but to bring a material but incidental matter which arises during the course of a case before the court for a ruling").
A motion to cite in an additional defendant is no more than an application requesting a court to make a specific order to expand the scope of existing litigation. In other words, it is simply a proposal to enlarge the pool of potentially liable parties in a current, ongoing matter before
On the basis of the plain language of § 52-592(a), we hold that a motion to cite in does not constitute an action for purposes of § 52-592(a). Accordingly, we conclude that Cadlerock's motion to cite in Aqleh as an additional defendant in the original action did not constitute a "new" and separate "action" within the meaning of § 52-592(a), and that the trial court properly denied Cadlerock's motion to cite in Aqleh.
Cadlerock also asserts that the trial court improperly denied its request in the original action for a temporary injunction prohibiting Aqleh from conveying or further encumbering the property and, in the subsequent action, improperly granted Aqleh's application to discharge the attachment on his property. We disagree.
The standard for granting a temporary injunction is well settled. "In general, a court may, in its discretion, exercise its equitable power to order a temporary injunction pending final determination of the order, upon a proper showing by the movant that if the injunction is not granted he or she will suffer irreparable harm for which there is no adequate remedy at law." Moore v. Ganim, 233 Conn. 557, 569 n. 25, 660 A.2d 742 (1995). A party seeking injunctive relief must demonstrate that: (1) it has no adequate remedy at law; (2) it will suffer irreparable harm without an injunction; (3) it will likely prevail on the merits; and (4) the balance of equities tips in its favor. Waterbury Teachers Assn. v. Freedom of Information Commission, 230 Conn. 441, 446, 645 A.2d 978 (1994). "The plaintiff seeking injunctive relief bears the burden of proving facts which will establish irreparable harm as a result of that violation." Karls v. Alexandra Realty Corp., 179 Conn. 390, 401, 426 A.2d 784 (1980). Moreover, "[t]he extraordinary nature of injunctive relief requires that the harm complained of is occurring or will occur if the injunction is not granted. Although an absolute certainty is not required, it must appear that there is a substantial probability that but for the issuance of the injunction, the party seeking it will suffer irreparable harm." Id., at 402, 426 A.2d 784.
As we already have explained in Cadlerock Joint Venture II, L.P. v. Milazzo, supra, 287 Conn. at 395, 949 A.2d 450, Cadlerock failed to serve Aqleh within the statute of limitations despite the fact that he was amenable to service, and the statute of limitations was not tolled by Aqleh's absence from the country. Additionally, as we have set forth in this opinion, Cadlerock may not rely on the accidental failure of suit statute to save the action as against Aqleh because Cadlerock's motion to cite in Aqleh does not constitute a "new" or separate action pursuant to § 52-592(a). Accordingly, when the trial court denied Cadlerock's motion to cite in, there was no action pending against Aqleh. Thus, Cadlerock was left without likelihood
The judgments are affirmed.
In this opinion the other justices concurred.