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CAVALLO v. DERBY SAVINGS BANK

188 Conn. 281 (1982)

FRANK CAVALLO ET AL. v. DERBY SAVINGS BANK ET AL.

Supreme Court of Connecticut.

Decision released September 7, 1982.

Attorney(s) appearing for the Case

William F. Gallagher, with whom were David Ertman and, on the brief, Elizabeth A. Dorsey, for the appellants (plaintiffs).

Wesley W. Horton, with whom was David J. Wenc, for the appellee (defendant David Lewis, Trustee).

SPEZIALE, C. J., PETERS, HEALEY, PARSKEY and SHEA, JS.

SPEZIALE, C. J.

The issue presented in this case is whether one who does not appeal a judgment of strict foreclosure may use the new trial statute1 as a substitute for an appeal without showing fraud, accident, or neglect.

On March 3, 1980, a judgment of strict foreclosure was entered on real property of the plaintiffsappellants, Frank and Dena Cavallo, in an action entitled Small Business Investment Co. v. Cavallo.<...

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