Speer v. Brown Jacobson P.C.

************************************************
The “officially released” date that appears near the
beginning of an opinion is the date the opinion will be
published in the Connecticut Law Journal or the date it
is released as a slip opinion. The operative date for the
beginning of all time periods for the filing of postopin-
ion motions and petitions for certification is the “offi-
cially released” date appearing in the opinion.
All opinions are subject to modification and technical
correction prior to official publication in the Connecti-
cut Law Journal and subsequently in the Connecticut
Reports or Connecticut Appellate Reports. In the event
of discrepancies between the advance release version of
an opinion and the version appearing in the Connecti-
cut Law Journal and subsequently in the Connecticut
Reports or Connecticut Appellate Reports, the latest
version is to be considered authoritative.
The syllabus and procedural history accompanying
an opinion that appear in the Connecticut Law Jour-
nal and subsequently in the Connecticut Reports or
Connecticut Appellate Reports are copyrighted by the
Secretary of the State, State of Connecticut, and may
not be reproduced or distributed without the express
written permission of the Commission on Official Legal
Publications, Judicial Branch, State of Connecticut.
************************************************
Page 0 CONNECTICUT LAW JOURNAL 0, 0

2 ,0 0 Conn. App. 833
Speer v. Brown Jacobson P.C.

SHERI SPEER v. BROWN JACOBSON P.C. ET AL.
(AC 47983)
Cradle, C. J., and Seeley and Lavine, Js.

Syllabus

The plaintiff appealed from the judgment of the trial court dismissing her
quo warranto action challenging the qualifications of the defendant law firm
and the defendant attorney to serve as corporation counsel for the defendant
city. She claimed, inter alia, that the dismissal was a disproportionate sanc-
tion for her failure to appear at the trial management conference. Held:

This court declined to review the plaintiff’s claim that the sanction of dis-
missal was a disproportionately harsh sanction for her failure to attend the
trial management conference, as the claim was inadequately briefed.

The plaintiff’s claim that the trial court abused its discretion in finding facts
to conclude that a default existed or should have entered was unavailing, as
the court did not make any factual findings as to the merits of the plaintiff’s
cause of action but, rather, entered a disciplinary dismissal on the ground
that the plaintiff had failed to appear at the trial management conference.

The plaintiff’s claim that the trial court denied her procedural and substantive
due process in dismissing her action without a hearing and notice pursuant to
the rule of practice (§ 14-3) was misplaced, as the court entered a disciplinary
dismissal for her failure to appear at the trial management conference, not
for a failure to prosecute her action pursuant to Practice Book § 14-3.

The trial court did not abuse its discretion in denying the plaintiff’s motion
for reconsideration, in which she claimed that COVID-19 symptoms excused
her failure to appear at the trial management conference, as the court
correctly determined that a motion for reconsideration was not the appro-
priate vehicle because the plaintiff did not assert a misapprehension of the
law or a misapprehension of the facts underlying the court’s dismissal, and
her argument setting forth new facts to excuse her failure to appear should
have been raised in a motion to open pursuant to the rule of practice
(§ 17-43).
Argued May 29—officially released July 22, 2025

Procedural History

Action for, inter alia, a writ of quo warranto challeng-
ing the qualifications of the named defendant to serve as
corporation counsel for the defendant city of Norwich,
brought to the Superior Court in the judicial district
of New London, where the court, Graff, J., rendered
0, 0 CONNECTICUT LAW JOURNAL Page 1

0 Conn. App. 833 ,0 3
Speer v. Brown Jacobson P.C.

judgment dismissing the action; thereafter, the court
denied the plaintiff’s motion for reconsideration, and
the plaintiff appealed to this court. Affirmed.
Sheri Speer, self-represented, the appellant (plain-
tiff).
Lloyd L. Langhammer, for the appellees (defen-
dants).
Opinion

CRADLE, C. J. The self-represented plaintiff, Sheri
Speer, appeals from the judgment of the trial court
dismissing her quo warranto action challenging the
qualifications of the defendants Brown Jacobson P.C.
(Brown Jacobson) and one of its attorneys, Aimee Wick-
less, to serve as corporation counsel for the defendant
city of Norwich (city) due to her failure to appear at
the trial management conference. The plaintiff claims
that (1) dismissal was a disproportionate sanction for
her failure to appear at the trial management conference
‘‘due to medical inability’’; (2) the court ‘‘abused its
discretion in finding facts to conclude that a default
existed or should have entered’’; (3) the court ‘‘denied
[her] procedural and substantive due process in dis-
missing the action without a hearing and notice’’; and
(4) the court abused its discretion in denying her motion
for reconsideration. We affirm the judgment of the
trial court.
The following undisputed facts and procedural his-
tory are relevant to our consideration of the plaintiff’s
claims on appeal. Brown Jacobson and Wickless have
acted as corporation counsel and assistant corporation
counsel for the city in various legal proceedings, includ-
ing some involving the plaintiff. In 2021, the self-repre-
sented plaintiff commenced the present quo warranto
action challenging the qualifications of the defendants
to serve as corporation counsel on the ground that
Page 2 CONNECTICUT LAW JOURNAL 0, 0

4 ,0 0 Conn. App. 833
Speer v. Brown Jacobson P.C.

neither is an elector of the city. The court, O’Hanlan,
J., dismissed the action after finding that it was barred
by the doctrines of res judicata and collateral estoppel.
That judgment was reversed by this court in Speer v.
Brown Jacobson P.C., 222 Conn. App. 638, 656, 306
A.3d 1105 (2023).
On remand, in January, 2024, a JDNO notice1 was
issued, containing trial management orders and sched-
uling a trial management conference for July 18, 2024.
On July 16, 2024, the plaintiff filed a trial management
report, but she failed to attend the trial management
conference two days later. After confirming that the
plaintiff was not present in court and that she had not
filed a motion for continuance, the court heard from
counsel for the defendants, who argued, inter alia, that
the case should be dismissed. The court, Graff, J.,
agreed, explaining: ‘‘I am looking at the court notice
that was sent out on—notice was issued on January
26, 2024, in this matter. In that notice it stated that an
in-person trial management conference is scheduled at
the above date and time, which was July 18, 2024, at
10:30 a.m., and it gave the address for the courthouse.
In that notice, it also states [that] motions for continu-
ances shall be e-filed and are only granted for excep-
tional circumstances. [The notice further provides that]
[f]ailure to comply with this order shall subject the
parties and counsel to sanctions, including dismissal
of the case, judgment of nonsuit, or default, or other
sanctions. In addition to that, it does discuss in the order
that unless otherwise ordered by the court, insurance
adjusters shall be available by telephone throughout
‘‘The designation JDNO is a standard notation used to indicate that a
1

judicial notice of a decision or order has been sent by the clerk’s office to
all parties of record. Such a notation raises a presumption that notice was
sent and received in the absence of a finding to the contrary.’’ (Internal
quotation marks omitted.) LendingHome Funding Corp. v. REI Holdings,
LLC, 227 Conn. App. 786, 789 n.4, 324 A.3d 152 (2024), cert. denied, 351
Conn. 905, 330 A.3d 133 (2025).
0, 0 CONNECTICUT LAW JOURNAL Page 3

0 Conn. App. 833 ,0 5
Speer v. Brown Jacobson P.C.

the duration of the trial management conference. Prior
to the [trial management conference], counsel and self-
represented parties shall e-file with the court a joint
trial management report, as required in the joint trial
management order. This order was put in place by the
presiding court judge. It was mailed by the court to
[the plaintiff’s] address on file, and it was sent electroni-
cally to [counsel for the defendants]. I believe it was
also electronically sent to [the plaintiff]. . . .
‘‘Based on the plaintiff’s failure to appear at today’s
trial management conference, and her failure to submit
a trial management report or to confer with [counsel
for the defendants] and submit a joint trial management
report, the court is going to dismiss this action.’’
That same day, the court, Graff, J., issued a written
order reiterating that a trial management conference
had been held, that notice had been sent to both parties
and stating, inter alia: ‘‘Upon further review, the plaintiff
filed [her] trial management report . . . on July 16,
2024, in preparation for today’s trial management con-
ference. Therefore, based upon the plaintiff’s failure to
appear, the court hereby dismisses this action.’’
The next day, the plaintiff filed a motion for reconsid-
eration, which indicated that it was being filed pursuant
to Practice Book § 11-11,2 on the ground that she ‘‘con-
tracted COVID-19 two days ago and has debilitating
2
Practice Book § 11-11 provides: ‘‘Any motions which would, pursuant
to Section 63-1, delay the commencement of the appeal period, and any
motions which, pursuant to Section 63-1, would toll the appeal period and
cause it to begin again, shall be filed simultaneously insofar as such filing
is possible, and shall be considered by the judge who rendered the underlying
judgment or decision. The party filing any such motion shall set forth the
judgment or decision which is the subject of the motion, the name of the
judge who rendered it, the specific grounds upon which the party relies,
and shall indicate on the bottom of the first page of the motion that such
motion is a Section 11-11 motion. The foregoing applies to motions to reargue
decisions that are final judgments for purposes of appeal, but shall not apply
to motions under Sections 16-35, 17-2A and 11-12.’’
Page 4 CONNECTICUT LAW JOURNAL 0, 0

6 ,0 0 Conn. App. 833
Speer v. Brown Jacobson P.C.

symptoms at present. [Her] present workload in this
court and in her regular vocation has not exactly facili-
tated recovery, let alone time to adequately respond or
react to numerous matters occurring simultaneously.’’
On August 1, 2024, the plaintiff filed an affidavit in
support of her motion for reconsideration in which she
averred that she had been prevented from attending the
trial management conference or seeking a continuance
because she had been hospitalized on the date of the
trial management conference. In the affidavit, the plain-
tiff offered to file her medical records under seal if the
court so ordered.3
On August 23, 2024, the court denied the plaintiff’s
motion for reconsideration. In its order, the court
explained: ‘‘Pursuant to Practice Book § 11-12, a motion
for reconsideration is appropriate when the court ren-
ders a decision on the merits. Here, when dismissing
the case, the court did not render a decision on the
merits. Instead, the court rendered a judgment of dis-
missal after the court entered a default for the plaintiff’s
failure to appear at the trial management conference.’’
This appeal followed.
I
The plaintiff first claims that the court’s dismissal of
her case was a disproportionately harsh sanction for
her failure to attend the trial management conference.
We conclude that this claim is inadequately briefed,
and, therefore, we decline to address it.
‘‘We repeatedly have stated that [w]e are not required
to review issues that have been improperly presented
to this court through an inadequate brief. . . . Analy-
sis, rather than mere abstract assertion, is required in
order to avoid abandoning an issue by failure to brief
3
The plaintiff did not, however, affirmatively ask the court for permission
to file her medical records, nor did she request an evidentiary hearing.
0, 0 CONNECTICUT LAW JOURNAL Page 5

0 Conn. App. 833 ,0 7
Speer v. Brown Jacobson P.C.

the issue properly. . . . [When] a claim is asserted in
the statement of issues but thereafter receives only
cursory attention in the brief without substantive dis-
cussion or citation of authorities, it is deemed to be
abandoned. . . . For a reviewing court to judiciously
and efficiently . . . consider claims of error raised on
appeal . . . the parties must clearly and fully set forth
their arguments in their briefs. . . . In addition, brief-
ing is inadequate when it is not only short, but confus-
ing, repetitive, and disorganized. . . .
‘‘We are mindful that [i]t is the established policy of
the Connecticut courts to be solicitous of [self-repre-
sented] litigants and when it does not interfere with the
rights of other parties to construe the rules of practice
liberally in favor of the [self-represented] party. . . .
Nonetheless, [a]lthough we allow [self-represented] liti-
gants some latitude, the right of self-representation pro-
vides no attendant license not to comply with relevant
rules of procedural and substantive law.’’ (Internal quo-
tation marks omitted.) Gleason v. Durden, 211 Conn.
App. 416, 439–40, 272 A.3d 1129, cert. denied, 343 Conn.
921, 275 A.3d 211 (2022).
Here, the portion of the plaintiff’s appellate brief that
is devoted to this claim consists of a recitation of the
applicable standard of review and legal principles.
Although the plaintiff aptly sets forth in her brief the
principles of law that guide our consideration of the
proportionality of the dismissal, she has failed to pro-
vide any analysis applying those principles to the facts
of this case. For instance, the plaintiff cites Ridgaway
v. Mount Vernon Fire Ins. Co., 328 Conn. 60, 73, 176
A.3d 1167 (2018), which held that the proportionality
test set forth in Millbrook Owners Assn., Inc. v. Hamil-
ton Standard, 257 Conn. 1, 776 A.2d 1115 (2001), applies
to all sanctions. Under that test, this court considers,
when reviewing sanctions imposed by the trial court,
Page 6 CONNECTICUT LAW JOURNAL 0, 0

8 ,0 0 Conn. App. 833
Speer v. Brown Jacobson P.C.

the nature and frequency of the misconduct that precipi-
tated the sanction, the notice of the possibility of a
sanction, lesser available sanctions, and the plaintiff’s
participation in or knowledge of the misconduct. Ridga-
way v. Mount Vernon Fire Ins. Co., supra, 73. Because
the plaintiff has failed to provide any analysis as to her
claim of disproportionality or the application of the
foregoing factors to the court’s dismissal, she has failed
to adequately brief this claim. Accordingly, we decline
to review it.

II

The plaintiff next claims that the court ‘‘abused its
discretion in finding facts to conclude that a default
existed or should have entered.’’ She cites the principle
that ‘‘a default admits the material facts that constitute
a cause of action’’ and argues that ‘‘the trial court’s
judgment both finding a default and then entering judg-
ment upon default can neither be legally nor factually
correct.’’ It is clear from the court’s order of dismissal
that it did not make any factual findings as to the merits
of the plaintiff’s cause of action, but, rather, simply
entered a disciplinary dismissal on the ground that the
plaintiff failed to appear at the trial management confer-
ence.4 The plaintiff’s claim is therefore unavailing.

III

The plaintiff next claims that the court ‘‘denied [her]
procedural and substantive due process in dismissing
[her] action without a hearing and notice.’’ She curso-
rily5 argues that she was entitled to notice and a hearing
4
Although the court did not state the legal authority for its dismissal, we
presume that the court entered the dismissal pursuant to Practice Book
§ 17-19, which permits the court to enter a nonsuit or default for failure to
comply with a court order.
5
The plaintiff has provided no legal authority or analysis in support of
this claim.
0, 0 CONNECTICUT LAW JOURNAL Page 7

0 Conn. App. 833 ,0 9
Speer v. Brown Jacobson P.C.

before the court dismissed her action pursuant to Prac-
tice Book § 14-3. The plaintiff’s claim is misplaced in
that the court entered a disciplinary dismissal for her
failure to appear at the trial management conference,
not a failure to prosecute her action pursuant to § 14-
3. Moreover, the notice sent to the parties in January,
2024, containing the court’s trial management orders
and scheduling the trial management conference specif-
ically stated that the failure to comply with those orders
could result in sanctions, including dismissal. The plain-
tiff’s claim in this regard therefore fails.
IV
The plaintiff finally claims that the court abused its
discretion when it denied her motion for reconsidera-
tion. We disagree.
Practice Book § 11-12 provides in relevant part: ‘‘(a)
A party who wishes to reargue a decision or order
rendered by the court shall, within twenty days from
the issuance of notice of the rendition of the decision
or order, file a motion to reargue setting forth the deci-
sion or order which is the subject of the motion, the
name of the judge who rendered it, and the specific
grounds for reargument upon which the party relies.
. . .’’
As the plaintiff aptly points out: ‘‘[T]he purpose of [a
motion for reargument and reconsideration] is not to
assert newly raised claims. Motions for reargument
and motions for reconsideration are nearly identical
in purpose. [T]he purpose of a reargument is . . . to
demonstrate to the court that there is some decision
or some principle of law which would have a controlling
effect, and which has been overlooked, or that there
has been a misapprehension of facts. . . . A reconsid-
eration implies reexamination and possibly a different
decision by the [court] which initially decided it. . . .
[A] reconsideration hearing involves consideration of
Page 8 CONNECTICUT LAW JOURNAL 0, 0

10 ,0 0 Conn. App. 833
Speer v. Brown Jacobson P.C.

the trial evidence in light of outside factors such as
new law, a miscalculation or a misapplication of the
law. . . . [Reargument] also may be used to address
alleged inconsistencies in the trial court’s memorandum
of decision as well as claims of law that the [movant]
claimed were not addressed by the court. . . . [A]
motion to reargue [however] is not to be used as an
opportunity to have a second bite of the apple or to
present additional cases or briefs which could have
been presented at the time of the original argument.’’
(Emphasis added; internal quotation marks omitted.)
Doe v. Bemer, 215 Conn. App. 504, 516 n.6, 283 A.3d
1074 (2022).
‘‘We review a trial court’s decision to deny a litigant’s
motion for reargument and reconsideration for an abuse
of discretion. . . . [A]s with any discretionary action
of the trial court, appellate review requires every rea-
sonable presumption in favor of the action, and the
ultimate issue for us is whether the trial court could
have reasonably concluded as it did. . . . In addition,
where a motion is addressed to the discretion of the
court, the burden of proving an abuse of that discretion
rests with the appellant.’’ (Citations omitted; internal
quotation marks omitted.) Carriage House I-Enfield
Assn., Inc. v. Johnston, 160 Conn. App. 226, 236, 124
A.3d 952 (2015).
Here, the plaintiff argues that the court incorrectly
‘‘found that a motion for reconsideration, in general,
let alone Practice Book § 11-12, was not the correct
vehicle to address the misapprehension of facts and of
the law.’’ This argument misstates the court’s ruling.
We construe the court’s ruling as stating that Practice
Book §11-12 did not apply because the plaintiff did not
assert a misapprehension of the law or a misapprehen-
sion of the facts underlying the court’s dismissal—that
she had notice of the date and time of the scheduled
trial management conference and failed to appear—
0, 0 CONNECTICUT LAW JOURNAL Page 9

0 Conn. App. 833 ,0 11
Speer v. Brown Jacobson P.C.

but, rather, sought to introduce new facts to excuse
her failure to appear at the trial management confer-
ence. See In re Elianah T.-T., 327 Conn. 912, 914, 171
A.3d 447 (2017) (motion for reconsideration was not
properly used as means to try new argument). Her
motion sought to assert a new claim that was not prop-
erly raised in a motion for reconsideration. The plain-
tiff’s argument that she failed to appear at the trial
management conference should have been asserted in
a motion to open pursuant to Practice Book § 17-43,
which she did not file.6 Accordingly, we conclude that
the court did not abuse its discretion in denying the
plaintiff’s motion for reconsideration.7
The judgment is affirmed.
In this opinion the other judges concurred.
6
Practice Book § 17-43 provides in relevant part: ‘‘(a) Any judgment ren-
dered or decree passed upon a default or nonsuit may be set aside within
four months succeeding the date on which notice was sent, and the case
reinstated on the docket on such terms in respect to costs as the judicial
authority deems reasonable, upon the written motion of any party or person
prejudiced thereby, showing reasonable cause, or that a good cause of action
or defense in whole or in part existed at the time of the rendition of such
judgment or the passage of such decree, and that the plaintiff or the defen-
dant was prevented by mistake, accident or other reasonable cause from
prosecuting or appearing to make the same. Such written motion shall be
verified by the oath of the complainant or the complainant’s attorney, shall
state in general terms the nature of the claim or defense and shall particularly
set forth the reason why the plaintiff or the defendant failed to appear. The
judicial authority shall order reasonable notice of the pendency of such
written motion to be given to the adverse party, and may enjoin that party
against enforcing such judgment or decree until the decision upon such
written motion. . . .’’
7
We likewise reject the plaintiff’s argument that the court improperly
denied her motion for reconsideration on the ground that Practice Book
§ 11-12 did not apply because she specifically stated in her motion that she
was filing it pursuant to Practice Book § 11-11. Our Supreme Court has
explained that Practice Book § 11-12 governs motions to reargue an interloc-
utory order, whereas Practice Book § 11-11 governs motions to reargue a
decision that constitutes a final judgment for purposes of appeal and ‘‘the
standards governing the two rules of practice are not distinguishable . . . .’’
Hudson Valley Bank v. Kissel, 303 Conn. 614, 623 n.7, 35 A.3d 260 (2012).