The substitute plaintiffs, Michael Stanley and Arlene Stanley, executors of the estate of Ann Stanley, appeal from the judgment of the trial court dismissing as moot the appeal, which had been initiated by Ann Stanley prior to her death, from the decree and order of the Probate Court for the district of Fairfield. The probate appeal contested the appointment of the defendant Gregory P. Patti and Michael Stanley
The trial court found the following relevant facts. On May 13, 1999, the Probate Court appointed Patti, an attorney, and Michael Stanley as conservators of the estate and person of Ann Stanley. Ann Stanley then filed with the Probate Court an application for appeal, alleging that she was "aggrieved by the order and decree of the [Probate] [C]ourt." On June 10, 1999, the Probate Court issued a decree allowing her to appeal from that appointment. On September 14, 1999, the Probate Court found that Ann Stanley no longer was in need of a conservator and ordered that the conservatorship be terminated. On June 5, 2000, Ann Stanley died.
We take judicial notice of additional facts that appear in documents contained in the Probate Court for the district of Fairfield. See Schiavone v. Snyder, 73 Conn.App. 712, 717, 812 A.2d 26 (2002). On October 22, 1999, following the termination of the conservatorship, the Probate Court awarded fees totaling $7080.50 as follows: $3805.50 to Patti as conservator; $1000 to Norman Hewitt, an attorney; and $2175 to John McCarthy, an attorney, as guardian ad litem. Ann Stanley also appealed to the Superior Court from that decree.
In its memorandum of decision, the trial court concluded that the termination of the conservatorship rendered moot the appeal from the appointment of conservators and found that there was no collateral injury or consequence from which a court could grant relief. We do not agree.
"Mootness implicates the court's subject matter jurisdiction and is thus a threshold matter for us to resolve. . . .
If an actual controversy as to Ann Stanley's claims ceased to exist when the Probate Court terminated the conservatorship, the present appeal would be rendered moot. See, e.g., Murphy's Appeal from Probate, 22 Conn.App. 490, 578 A.2d 661 (approval of final accounting, order of distribution rendered moot appeal from two orders involving administration of estate), cert. denied, 216 Conn. 823, 581 A.2d 1057 (1990).
Ann Stanley was not seeking merely to terminate a conservatorship, but also to have the appointment itself set aside. The order of September 14, 1999, which terminated the conservatorship, did not cause the controversy
The judgment is reversed and the case is remanded for further proceedings in accordance with law.
In this opinion the other judges concurred.