Saunders v. KDFBS, LLCAnnotate this Case
The Supreme Court reversed the order of the Appellate Court summarily dismissing Defendants' appeal challenging the priority of Plaintiff's mortgage over Defendants' mortgage for want of a final judgment, holding that a determination of the priority of mortgages can be challenged in an appeal from the judgment of foreclosure by sale, before the foreclosure sale has taken place, when the priority of the foreclosing plaintiff's mortgage is in dispute.
Plaintiff sought a judgment of foreclosure on certain real property and a declaratory judgment that his mortgage had priority over an alleged mortgage on the property held by Defendants. The Appellate Court dismissed the appeal for want of a final judgment. The Supreme Court reversed, holding that the judgment of foreclosure by sale was a final judgment that manifestly met the requirements of Practice Book 61-2.