ALVORD, J.
The defendant, One Solution Services, LLC, appeals from the trial court's January 22, 2010 judgment denying its motion to open the default judgment rendered against the defendant, claiming, inter alia, that the court improperly failed to address standing and to determine if it had subject matter jurisdiction. Although we generally defer to the trial court's discretion in matters of docket management and judicial economy, the unique procedural circumstances and jurisdictional issue presented in this case compel otherwise. Accordingly, we reverse the judgment of the trial court denying the motion to open the judgment and remand the case for further proceedings.
The relevant facts and procedural history are as follows. Barbara Levine and Steven Levine were the original owners of the plaintiff, 418 Meadow Street Associates, LLC, until Levine sold his 50 percent interest to Michael Weinshel and Mark Wynnick, making them joint owners with Barbara Levine. Thus, Weinshel and Wynnick collectively own 50 percent of the company and Barbara Levine owns the remaining 50 percent.
On September 3, 2008, Weinshel and Wynnick brought this action on behalf of the plaintiff to recover damages from the defendant for breach of their lease agreement. On February 26, 2009, the defendant answered the complaint, denying that it breached the agreement. The defendant pleaded by way of a special defense that the plaintiff brought the action without the proper authority of the plaintiff's members, and, therefore, it lacked standing to maintain the action.
Both parties filed pretrial memoranda during September, 2009. Therein, the defendant, once more, claimed that the plaintiff lacked standing to maintain this action. See footnote 1 of this opinion. The plaintiff, again, did not respond to the standing issue but argued breach of the lease agreement.
On November 3, 2009, the defendant's attorney moved to withdraw his appearance citing a breakdown in communications, unreasonable financial burden and professional considerations. Pursuant to Practice Book § 3-10, he notified the defendant of his motion to withdraw his appearance. Service of the motion was made on the defendant on November 14, 2009. Permission to withdraw was granted by the court on November 18, 2009.
Two weeks later, on the scheduled trial date, December 2, 2009, Steven Levine addressed the court, identifying himself as "one of the [defendant's] managing members." He explained that he had
On January 8, 2010, Moynahan & Minnella, LLC, filed an appearance on the defendant's behalf, accompanied by a motion to "reopen and reargue."
After argument, the court denied the motion to open the default judgment, referring to the abundance of litigation between the parties. It declined to open the judgment because, inter alia, (1) the parties already had been granted previous scheduling flexibility, (2) the court had "no choice" but to render a default judgment when the defendant arrived at trial without counsel, (3) the court clearly had told the defendant's original counsel, upon granting the motion to withdraw, that he was to communicate that the trial would not be continued and (4) the defendant had
The defendant claims that once an issue of subject matter jurisdiction was raised, the court was bound to address it. We agree. We begin by setting forth the well settled legal principles that govern this appeal. "We have long held that because [a] determination regarding a trial court's subject matter jurisdiction is a question of law, our review is plenary. . . . Moreover, [i]t is a fundamental rule that a court may raise and review the issue of subject matter jurisdiction at any time. . . . Subject matter jurisdiction involves the authority of the court to adjudicate the type of controversy presented by the action before it. . . . [A] court lacks discretion to consider the merits of a case over which it is without jurisdiction. . . . The subject matter jurisdiction requirement may not be waived by any party, and also may be raised by a party, or by the court sua sponte, at any stage of the proceedings, including on appeal." (Internal quotation marks omitted.) Ajadi v. Commissioner of Correction, 280 Conn. 514, 532-33, 911 A.2d 712 (2006).
"Once the question of lack of jurisdiction of a court is raised, it must be disposed of no matter in what form it is presented. . . . Whenever a court finds that it has no jurisdiction, it must dismiss the case, without regard to previous rulings. . . . In determining whether a court lacks subject matter jurisdiction, the inquiry usually does not extend to the merits of the case. . . . Nevertheless, the court must determine whether it has the power to hear the general class [of cases] to which the proceedings in question belong. . . . Because the elements of subject matter jurisdiction are dependent upon both law and fact . . . in some cases it may be necessary to examine the facts of the case to determine if it is within a general class the court has power to hear. . . . Further, [w]hen issues of fact are necessary to the determination of a court's jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses." (Citations omitted; internal quotation marks omitted.) Equity One, Inc. v. Shivers, 125 Conn.App. 201, 204-205, 9 A.3d 379 (2010).
"Additionally, a party must have standing to assert a claim in order for the court to have subject matter jurisdiction over the claim. . . . Standing is the legal right to set judicial machinery in motion. One cannot rightfully invoke the jurisdiction of the court unless he has, in an individual or representative capacity, some real interest in the cause of action, or a legal or equitable right, title or interest in the subject matter of the controversy." (Internal quotation marks omitted.) Id., at 205, 9 A.3d 379. When the defendant raised standing, the burden rested with "the party who seeks the exercise of jurisdiction in his favor . . . clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute." (Internal quotation marks omitted.) Assn. Resources, Inc. v. Wall, 298 Conn. 145, 164, 2 A.3d 873 (2010).
In the present case, the court had been apprised of a subject matter jurisdiction issue multiple times during the pendency of the matter.
We are respectful of the need for the trial court to manage its docket and to move matters to a conclusion, as well as to ensure the presence of counsel for scheduled hearings. Our conclusion is limited to the circumstances presently before us, in which the court failed to acknowledge the jurisdictional issue despite the fact that it was pleaded in the defendant's special defenses, brought to the court's attention in the defendant's pretrial memoranda and then argued once more before the court that the defendant had defenses that needed to be heard. Standing in this case hinges on a determination regarding Weinshel's and Wynnick's authority to bring an action on behalf of the plaintiff. Accordingly, we remand the case for further proceedings on the motion to open the default judgment so that the trial court can properly determine whether it has subject matter jurisdiction. Because of our disposition of this claim of error, we need not address the defendant's other claims.
The denial of the defendant's motion to open the default judgment is reversed and the case is remanded for further proceedings on that motion.
In this opinion the other judges concurred.
General Statutes § 34-187(b), however, introduces an exception to that rule, providing that a member may be excluded from the vote if that member "has an interest in the outcome of the suit that is adverse to the interest of the limited liability company. . . ." Weinshel and Wynnick filed a general denial to the special defenses but never directly pleaded this statutory exception.
Practice Book § 17-43(a) employs similar language to § 52-212(a), and they are applied interchangeably on appeal. See, e.g., Priest v. Edmonds, 295 Conn. 132, 137, 989 A.2d 588 (2010); Langewisch v. New England Residential Services, Inc., 113 Conn.App. 290, 294, 966 A.2d 318 (2009).