ESPINOSA, J.
The sole issue presented in this certified appeal is whether the Appellate Court properly dismissed, for lack of subject matter jurisdiction, the plaintiffs' interlocutory appeal from the trial court's order imposing monetary sanctions on the plaintiffs, Karen Incardona, in her capacity as the executrix
The record reveals the following relevant facts and procedural history. The plaintiffs initially brought two separate actions,
The trial court's initial scheduling order set a January 31, 2011 deadline for completion of fact witness depositions. The court subsequently granted the motion of the defendants Roer, Buller, Olsen, and Nephrology & Hypertension Associates, P.C., to modify the scheduling order, extending the deadline for fact witness depositions to June 1, 2011. On August 10, 2011, the plaintiffs filed notices of deposition, seeking to schedule depositions of various fact witnesses in September, 2011. The defendants AngioDynamics, Inc., and Medical Components, Inc. (product liability defendants), objected to the noticed depositions on the ground that they were scheduled for dates subsequent to the June 1, 2011 deadline.
Ruling on the product liability defendants' objection, the court first found that the noticed depositions were beyond the deadline established by the modified scheduling order, and that the delay prejudiced the defendants, but the court determined that precluding the depositions would not be an appropriate remedy. Accordingly, the court ordered that the plaintiffs could proceed with the depositions, on the condition that they "shall pay all costs and expenses associated with the depositions, including [the] defendants' attorney's fees for both the preparation for and attendance at each noticed deposition...." The court further scheduled a status conference for October 11, 2011, "to determine whether the depositions have been completed and to consider whether any additional remedies should be crafted by the court." The plaintiffs' subsequent motion to reargue was denied. The plaintiffs appealed from the order of the trial court to the Appellate Court. Relying on this court's decision in Green Rock Ridge, Inc. v. Kobernat, 250 Conn. 488, 736 A.2d 851 (1999), the product liability defendants filed a motion to dismiss the appeal for lack of subject matter jurisdiction, arguing that the trial court's discovery order was not an appealable final judgment. The Appellate Court granted the motion to dismiss in an order dated January 11, 2012. This certified appeal followed.
The plaintiffs claim that the Appellate Court improperly dismissed the appeal, contending that the trial court's discovery order satisfies both prongs of State v. Curcio, supra, 191 Conn. at 31, 463 A.2d 566, because the order terminated a separate and distinct proceeding and because the order so concluded the rights of the parties that further proceedings could not affect them. The product liability defendants respond that the court's discovery and sanctions order is a classic interlocutory order that is "merely a step along the road to final judgment...." (Internal quotation marks omitted.) Abreu v. Leone, 291 Conn. 332, 339, 968 A.2d 385 (2009). Therefore, the product liability defendants contend, the trial court's order does not constitute an appealable final judgment. We agree with the product liability defendants.
The underlying order in Green Rock Ridge, Inc. v. Kobernat, supra, 250 Conn. at 495, 736 A.2d 851, had imposed sanctions for failure to comply with a discovery order. In considering whether we had jurisdiction over the writ of error filed seeking review of the sanctions, we recognized that our prior decisions had only expressly considered the finality of discovery orders themselves and had not directly addressed the finality of any accompanying or related sanctions orders,
In light of the fact specific nature of discovery disputes, however, we have since elaborated on the application of the final judgment doctrine in this context, identifying three considerations that guide our analysis. "First, the court's focus in determining whether there is a final judgment is on the order immediately appealed, not [on] the underlying action that prompted the discovery dispute.... Second, determining whether an otherwise nonappealable discovery order may be appealed is a fact specific inquiry, and the court should treat each appeal accordingly.... Third, although the appellate final judgment rule is based partly on the policy against piecemeal appeals and the conservation of judicial resources ... there [may be] a counterbalancing factor that militates against requiring a party to be held in contempt in order to bring an appeal from
Keeping these considerations in mind, we conclude that the trial court's order in the present case falls squarely within the rule of Green Rock Ridge, Inc. v. Kobernat, supra, 250 Conn. at 498, 736 A.2d 851, and does not satisfy either of the exceptions we set forth in Curcio. First, the order did not terminate a separate and distinct proceeding under the first prong of Curcio, which "requires that the order being appealed from be severable from the central cause of action so that the main action can proceed independent of the ancillary proceeding.... If the interlocutory ruling is merely a step along the road to final judgment then it does not satisfy the first prong of Curcio.... Obviously a ruling affecting the merits of the controversy would not pass the first part of the Curcio test. The fact, however, that the interlocutory ruling does not implicate the merits of the principal issue at the trial... does not necessarily render that ruling appealable. It must appear that the interlocutory ruling will not impact directly on any aspect of the [action]." (Citations omitted; internal quotation marks omitted.) Hartford Accident & Indemnity Co. v. Ace American Reinsurance Co., 279 Conn. 220, 225-26, 901 A.2d 1164 (2006). The court's order in the present case does not satisfy this test. Rather than terminating a separate and distinct proceeding from the underlying action, this order was "merely a step along the road to final judgment"; (internal quotation marks omitted) id. at 226, 901 A.2d 1164; because the order was part of the larger process of discovery, and actually moved the case along by allowing the plaintiffs to proceed with the noticed depositions. The mere fact that the order also imposed monetary sanctions on the plaintiffs does not render the order an appealable final judgment.
Second, the order did not so conclude the rights of the parties that further proceedings could not affect them. "The second prong of the Curcio test focuses on the nature of the right involved. It requires
Finally, we observe that the present case is distinguishable from those in which we have concluded that countervailing principles militated against requiring a party to be held in contempt in order to bring an appeal from a discovery order. The contrast between the present case and the two leading cases, Abreu v. Leone, supra, 291 Conn. 332, 968 A.2d 385, and Woodbury Knoll, LLC v. Shipman & Goodwin, LLP, supra, 305 Conn. 750, 48 A.3d 16, illustrates the point. Both of those appeals involved nonparties that had been ordered to comply with a discovery proceeding that was distinct and separate from the underlying actions, and in both decisions, we relied in part on public policy principles to conclude that the nonparties should not be required to be found in contempt before obtaining the jurisdiction of the court. In Abreu, the Department of Children and Families, the intervening plaintiff, appealed from an order compelling the plaintiff, a foster parent, to respond to certain deposition questions concerning a foster child within his care. Abreu v. Leone, supra, at 334, 968 A.2d 385. We recognized that the plaintiff, as a foster parent, "play[s] a key role in the system of providing services to children who must live away from their family of origin when that family cannot provide a positive environment or meet the special needs of the children." Id. at 347-48, 968 A.2d 385. In light of that role, we considered the possible effect of requiring a foster parent to choose between being found in contempt for a good faith attempt to comply with statutes protecting the confidentiality of a child in his care or being charged with violating those statutes and risking criminal sanctions by complying with the order. That risk, we reasoned, "would discourage participation by otherwise willing foster parents and thus undermine the goals of that system. Either option also puts the foster child in jeopardy." Id. at 348, 968 A.2d 385.
In Woodbury Knoll, LLC v. Shipman & Goodwin, LLP, supra, 305 Conn. at 756-57, 48 A.3d 16, we relied on Abreu v. Leone, supra, 291 Conn. 332, 968 A.2d 385,
We emphasize that in both Abreu v. Leone, supra, 291 Conn. at 341, 968 A.2d 385, and Woodbury Knoll, LLC v. Shipman & Goodwin, LLP, supra, 305 Conn. at 757, 48 A.3d 16, we also concluded that the discovery orders in question had terminated separate and distinct proceedings and therefore satisfied the first prong of Curcio. Our consideration of countervailing policy concerns, we explained, does not add a new "factor under either prong of Curcio, and accordingly, it would be inappropriate to rely on policy alone to justify allowing an appeal under Curcio." Woodbury Knoll, LLC v. Shipman & Goodwin, LLP, supra, at 762 n. 10, 48 A.3d 16. To the extent, however, that public policy principles inform our analysis, we observe that the plaintiffs in the present case cite to no significant public policy principles that would justify a conclusion that they should not be required to be found in contempt before obtaining appellate jurisdiction. The plaintiffs merely state that if they were required to be found in contempt before appealing from the order, they would be subject to the potential negative consequences of that contempt finding. See Practice Book § 13-14. Understandably, no party relishes the prospect of a contempt finding, or its possible negative consequences. If we held, however, that those potential consequences constituted sufficient countervailing principles to militate against the requirement that a party be found in contempt before obtaining appellate jurisdiction to challenge a discovery order or related sanctions order, we would eviscerate the general rule that such orders do not constitute appealable final judgments.
For the foregoing reasons, we conclude that the trial court's order in the
The judgment of the Appellate Court is affirmed.
In this opinion the other justices concurred.
In support of their claim that the monetary sanctions portion of the order should be treated as a final judgment, the plaintiffs also rely on CFM of Connecticut, Inc. v. Chowdhury, 239 Conn. 375, 376-77, 685 A.2d 1108 (1996), overruled in part on other grounds by State v. Salmon, 250 Conn. 147, 154-55, 735 A.2d 333 (1999), in which we held that an order imposing monetary sanctions against an attorney for bad faith pleadings constituted an appealable final judgment. In Green Rock Ridge, Inc. v. Kobernat, supra, 250 Conn. at 499 n. 13, 736 A.2d 851, however, we expressly distinguished CFM of Connecticut, Inc., on the basis that the monetary sanctions order deemed a final judgment in that decision was not connected with discovery, and sanctioned an attorney for conduct as an attorney. Moreover, we specifically stated: "[T]o the extent that in CFM of Connecticut, Inc., we suggested that any monetary sanctions order imposed by a trial court is a final judgment for the purposes of an appeal or a writ of error, we confine that case to its facts." (Emphasis omitted.) Id.
"(c) A lawyer may reveal such information to the extent the lawyer reasonably believes necessary to ...
"(4) Comply with other law or a court order...."
"(3) Knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists...."
These claims do not implicate the types of public policy principles that this court has considered in holding that a discovery order constitutes an appealable final judgment. Instead, these claims properly would be considered should the plaintiffs appeal from the trial court's order of sanctions following a final judgment. Additionally, the trial court's consideration of the mistaken or misleading representations of the product liability defendants in affording the plaintiffs relief provides further support for the conclusion that the court retains authority and fully intends to craft additional remedies depending on the evolution of the case.
Finally, we observe that the plaintiffs correctly assert that it is possible that they may prevail and nonetheless be required to appeal from the judgment in their favor in order to challenge the court's order sanctioning them. The mere fact that the plaintiffs may find themselves in the unusual circumstance of appealing from an action in which they prevailed does not, however, justify an exception to the final judgment rules.