The defendants Pelino DiLoreto and Joanne DiLoreto
In its complaint, the plaintiff sought foreclosure of a judgment lien placed on real estate, possession of the
This matter is controlled by our decision in Essex Savings Bank v. Frimberger, 26 Conn.App. 80, 597 A.2d 1289 (1991). A judgment such as the one rendered herein is interlocutory in character and is not a final judgment from which an appeal properly lies. Id., 80-81. Further, the interlocutory judgment in this case does not fall within either of the narrowly defined exceptions to the general rule that proscribes appeals from judgments that are not final. State v. Curcio, 191 Conn. 27, 31, 463 A.2d 566 (1983).
The lack of a final judgment implicates the authority of this court to hear the appeal because it is a jurisdictional defect. Stroiney v. Crescent Lake Tax District, 197 Conn. 82, 86, 495 A.2d 1063 (1985); Southington v. Pierce, 29 Conn.App. 716, 722, 617 A.2d 929 (1992). Even though the parties may expressly agree to have this case decided by us, their action cannot confer jurisdiction on this court where it does not exist. State v. Curcio, supra, 30. Thus, even where the appellee fails to bring to our attention the lack of final judgment, either by motion to dismiss or in its brief, or at oral argument, we must, nonetheless, act sua sponte. Essex Savings Bank v. Frimberger, supra, 81.
The appeal is dismissed, sua sponte, for lack of a final judgment.