PER CURIAM.
This appeal arose from and initially concerned separate denials, in two companion cases concerning the parties' disputed interests in certain parcels of real property in Westport, of two interrelated motions filed by the defendant, Erling C. Christophersen, who had been sued in each action both as an individual and as trustee of the Erling C. Christophersen Revocable Trust (trust). In the first action (quiet title action), which was commenced in June, 2008, the defendant's brother, the plaintiff, John R. Christophersen, sued the defendant, as aforesaid, and several others,
On March 10, 2011, John Christophersen filed an answer, special defenses and a counterclaim against the bank in the foreclosure action. Thereafter, however, on June 26, 2012, John Christophersen withdrew the quiet title action as well as his counterclaim in the foreclosure action. On that same date, the bank withdrew the foreclosure action as to John Christophersen. On July 27, 2012, the defendant filed an objection to John Christophersen's withdrawal of the quiet title action and a motion to restore that action to the docket. As support for his motion and objection, which he filed in both his individual and his trusteeship capacities, the defendant argued that John Christophersen was prevented from withdrawing the quiet title action without first seeking and obtaining leave of the court under General Statutes § 52-80
On October 15, 2012, while the motion to restore the quiet title action to the docket was still pending, the defendant filed a motion in the foreclosure action to stay all further proceedings in that action until the motion to restore the quiet title action to the docket was decided or, if the motion to restore was granted, until the quiet title action was finally adjudicated. The bank filed an objection to the defendant's motion to stay.
On December 17, 2012, a joint hearing was held before the trial court, Brazzel-Massaro, J., on the defendant's motion to restore the quiet title action to the docket and his motion to stay the foreclosure action until the motion to restore was decided. Thereafter, by a written memorandum of decision issued on February 1, 2013, the court denied the motion to restore the quiet title action to the docket, based upon findings that withdrawal of the action was not barred by § 52-80 and that no good reason had been advanced to warrant exercising its discretion to restore the action to the docket.
On February 14, 2013, the defendant, individually and in his trusteeship capacity, filed this appeal from the denials of his motion to restore the quiet title action to the docket and his motion to stay proceedings in the foreclosure action. By order dated May 8, 2013, this court dismissed for lack of a final judgment that portion of the appeal which challenged the denial of the defendant's motion to stay the foreclosure action. By order dated September 25, 2013, this court dismissed that portion of this appeal in which the defendant, purportedly acting in his trusteeship capacity, sought to challenge the denial of his motion to restore the quiet title action to the docket. The basis for the latter order was that the defendant, who is not an attorney, cannot lawfully represent the legal interests of the trust. In light of these rulings, all that remains before us at this time is the defendant's claim, in his individual capacity only, that the trial court erred in denying his motion to restore the quiet title action to the docket.
The bank argues that the final portion of the defendant's appeal must also be dismissed because all of the defendant's claimed rights to and interests in the property here at issue that could conceivably be adjudicated in this quiet title action are admittedly claimed by him in his trusteeship capacity only, based upon the trust's alleged legal title to the property, not in his capacity as an individual. Therefore, the bank argues, because the defendant cannot pursue a claim on behalf of the trust in his individual capacity, he lacks standing to bring this appeal and thus the appeal must be dismissed for lack of subject matter jurisdiction. We agree.
"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.... This court has often stated that the question of subject matter jurisdiction, because it addresses the basic competency of the court, can be raised by any of the parties, or by the court sua sponte, at any time.... [T]he court has a duty to dismiss, even on its own initiative, any appeal that it lacks jurisdiction to hear.... Moreover, [t]he parties cannot confer subject matter jurisdiction on the court, either by waiver or by consent." (Citations omitted; internal quotation marks omitted.) Webster Bank v. Zak, 259 Conn. 766, 774, 792 A.2d 66 (2002).
Our Supreme Court has held that "[s]tanding is established by showing that the party claiming it is authorized by statute to bring suit or is classically aggrieved.
The defendant in the present case lacks standing to appeal from the court's denial of his motion to restore the quiet title action to the docket because the putative rights he asserts admittedly belong only to the trust, which he represents as trustee, not to him personally. The defendant as trustee is no longer a party to this appeal, and this court has held that although a trust beneficiary may be adversely affected by the acts of a third person, no cause of action inures to the beneficiary on that account. Naier v. Beckenstein, 131 Conn.App. 638, 646-47, 27 A.3d 104, cert. denied, 303 Conn. 910, 32 A.3d 963 (2011). The defendant, in his individual capacity, has not claimed any "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) Webster Bank v. Zak, supra, 259 Conn. at 774, 792 A.2d 66; and thus we conclude that he lacks standing. Accordingly, because the defendant, in his individual capacity, lacks standing to pursue the rights of the trust on appeal, the appeal must be dismissed for lack of subject matter jurisdiction.
The appeal is dismissed.
On March 24, 2009, the court granted the motions filed by each of the defendants except People's United Bank to stay the proceedings in the quiet title action while a related New York proceeding was pending. On June 22, 2011, the court certified certain questions to the Surrogate's Court in New York. Thereafter, on February 29, 2012, the court granted the motion filed by the Salisbury Bank and Trust Company to lift that stay. That order is not at issue in this appeal.