State Codes and Statutes

Statutes > Connecticut > Title45a > Chap801b > Sec45a-187

      Sec. 45a-187. (Formerly Sec. 45-289). Time of taking appeals. (a) An appeal under section 45a-186 by persons of the age of majority who are present or who have legal notice to be present, or who have been given notice of their right to request a hearing or have filed a written waiver of their right to a hearing, shall be taken within thirty days, except as otherwise provided in this section. If such persons have no notice to be present and are not present, or have not been given notice of their right to request a hearing, such appeal shall be taken within twelve months, except for appeals by such persons from an order of termination of parental rights, other than an order of termination of parental rights based on consent, or a decree of adoption, in which case appeal shall be taken within ninety days. An appeal from an order of termination of parental rights based on consent, which order is issued on or after October 1, 2004, shall be taken within twenty days.

      (b) An appeal from any probate order for the payment of claims or dividends on claims against any insolvent estate shall not be allowed unless it is taken within thirty days after the making of such order.

      (c) An order, denial or decree of a court of probate shall not be invalid because of the disqualification of the judge unless appeal therefrom is taken within thirty days.

      (1949 Rev., S. 7072; 1953, S. 2948d; P.A. 74-164, S. 12, 20; P.A. 80-476, S. 93; P.A. 98-219, S. 25; P.A. 04-128, S. 1; P.A. 05-288, S. 151.)

      History: P.A. 74-164 added exception re appeals from decree of termination of parental rights or adoption; P.A. 80-476 divided section into Subsecs. and restated provisions; Sec. 45-289 transferred to Sec. 45a-187 in 1991; P.A. 98-219 amended Subsec. (a) by adding reference to appeals by persons "who have been given notice of their right to request a hearing or have filed a written waiver of their right to a hearing"; P.A. 04-128 amended Subsec. (a) by adding provisions re appeal from order of termination of parental rights based on consent and by making conforming and technical changes; P.A. 05-288 made a technical change in Subsec. (a), effective July 13, 2005.

      See Sec. 51-53 re court clerks' duty to give notice of court decrees.

      Annotations to former section 45-289:

      Appeal must be taken within the time from each particular decree. 2 R. 74; 107 C. 356. That appeal is not taken in time must be pleaded in abatement. 2 D. 21. That appellant had notice and was present need not appear from record of probate court, but may be proved by parol. 29 C. 563. Party not estopped from appealing when he had no statutory notice of probate of will, although he time limitation for appeal commences to run date decree is entered and, after full hearing trustee attended, there is no requirement that he be present when court makes its decision and renders its order. 155 C. 413. Cited. 162 C. 477; 163 C. 439. When written waiver of notice is filed, notice requirement of this section is satisfied. 169 C. 382- 385. Statute is subject to implied requirement that court give notice of its decree before appeal period becomes operative. 178 C. 189. Cited. 185 C. 495. Cited. 204 C. 760. Cited. 208 C. 606.

      Cited. 20 CA 58.

      What constitutes legal notice. 8 CS 254. Publication in newspaper held to be "legal notice". Id., 261. Cited. 18 CS 481. "No notice to be present" means legal, not active notice. 19 CS 104. The term "no notice to be present" does not mean actual but legal notice to be present. Legal notice to nonresidents is notice given upon order of the court. 22 CS 232. Where appellant had filed motion for appeal within time limited but probate court allowed it six days later without allotted time, plea in abatement to jurisdiction was overruled as fault was not appellant's. 28 CS 49. Cannot be circumvented by a motion to become party to another's timely made appeal. Id., 392.

      Subsec. (a):

      Cited. 185 C. 25.

      Annotation to present section:

      Aggrieved party who files proper motion for appeal within statutory time period is not deprived of right to appeal because probate judge does not perform ministerial act of granting allowance of appeal until after the time period has passed. 82 CA 468.

      Subsec. (a):

      Cited. 37 CA 137.