Jackson v. Prince

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Jackson v. Prince

NICOLE C. JACKSON v. JOSHUA PRINCE ET AL.
(AC 46961)
Alvord, Suarez and Clark, Js.
Syllabus
The plaintiff appealed from the judgment of the trial court, rendered follow-
ing its granting of the defendants’ motions to dismiss her breach of contract
action for lack of personal jurisdiction due to, inter alia, insufficient process.
The defendants J and M sold certain real property in Fairfield to the plaintiff,
and the defendants Z and D were attorneys who represented the parties in
the real estate transaction. In their motion to dismiss, J and M claimed,
inter alia, that M was served in hand at their home, but that no copy was
left for J, nor was he served in hand. Z and D claimed in separate motions
that the plaintiff failed to effectuate proper service because the state marshal
attempted to serve them by leaving a copy of the summons and complaint
at their respective law firms, rather than serving them through in person
or abode service, and they had not authorized anyone at their law offices
to accept service on their behalf. On appeal, the plaintiff claimed that the
court erred in, inter alia, concluding that it lacked personal jurisdiction over
J and M on the basis of insufficiency of process and insufficient service. Held:
The trial court erred in concluding that the plaintiff’s designation of ‘‘J and
M’’ on the summons form as one defendant, rather than listing J and M as
separate individuals, deprived the court of personal jurisdiction over M and
J pursuant to statute (§ 52-45a), as the designation of ‘‘J and M’’ was a
circumstantial defect that could not reasonably have resulted in any confu-
sion about their identities, J and M did not dispute that they received actual
notice of the action, and they did not claim that they suffered any prejudice
from the plaintiff’s failure to list them separately.
The trial court erred in dismissing the action as to J for insufficient service
of process prior to holding an evidentiary hearing, as there was a factual
dispute over whether the state marshal left a copy of the summons and
complaint for J, and the court was not permitted to resolve that issue based
solely on the parties’ affidavits.
The trial court erred in concluding that it lacked personal jurisdiction over
M, as the court found that the state marshal left one copy of the summons
and complaint in the hands of M, thereby serving her in a manner allowed
by statute (§ 52-57), and counsel for M conceded at oral argument before
this court that M was properly served.
The trial court properly dismissed the action as to Z and D for lack of
personal jurisdiction because the plaintiff failed to properly effectuate ser-
vice pursuant to § 52-57 (a), and the record failed to support the plaintiff’s
claim that Z and D evaded service of process.
Argued February 3—officially released March 25, 2025
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Procedural History

Action to recover damages for breach of contract,
and for other relief, brought to the Superior Court in
the judicial district of Fairfield, where the court, Reed,
J., granted the defendants’ motions to dismiss and ren-
dered judgment thereon, from which the plaintiff
appealed to this court. Reversed in part; judgment
directed in part; further proceedings.
Nicole C. Jackson, self-represented, the appellant
(plaintiff).
Christopher J. Jarboe, for the appellees (named
defendant et al.).
Michael R. Keller, with whom, on the brief, was Jus-
tin R. Bengtson, for the appellee (defendant Amy Zabe-
takis).
Ryan V. Nobile, with whom, on the brief, was Robert
C. E. Laney, for the appellee (defendant John B.
Devine).
Opinion

CLARK, J. The self-represented plaintiff, Nicole C.
Jackson, appeals from the judgment of the trial court
dismissing her action against the defendants, Joshua
Prince (Joshua), Melinda Prince (Melinda), Amy Zabe-
takis, and John B. Devine. On appeal, the plaintiff claims
that the court erred in (1) concluding that it lacked
personal jurisdiction over Joshua and Melinda on the
basis of insufficiency of process and insufficient service
of process, (2) failing to hold an evidentiary hearing
prior to dismissing the action as to Joshua and Melinda,
and (3) concluding that it lacked personal jurisdiction
over Zabetakis and Devine on the basis of insufficient
service of process. We conclude that the court erred
in concluding that it lacked personal jurisdiction over
Melinda and in failing to hold an evidentiary hearing
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prior to dismissing the action as to Joshua. We also
conclude that the court properly dismissed the action
as to Devine and Zabetakis. Accordingly, we reverse in
part and affirm in part the judgment of the trial court.
The following facts as alleged in the pleadings and
procedural history are relevant to this appeal. On Janu-
ary 4, 2022, the plaintiff purchased certain real property
located in Fairfield (property) from Joshua and
Melinda. Zabetakis and Devine are attorneys licensed to
practice law in Connecticut. Devine represented Joshua
and Melinda in connection with the transaction, and
Zabetakis represented the plaintiff. The plaintiff alleges
that in August, 2022, she discovered certain defects
with the property that were not disclosed at the time
of the sale.
The plaintiff commenced the present action on
December 21, 2022. The summons, which was completed
on the civil summons form published by the Judicial
Branch, identifies ‘‘Joshua and Melinda Prince’’ as the
‘‘first defendant.’’ In the return of service, the state marshal
attested that he served Joshua and Melinda ‘‘by leaving
at [their] usual place of abode . . . two true and
attested copies of the within [summons and complaint]
. . . .’’ The marshal further attested that he served
Zabetakis by leaving a copy of the summons and com-
plaint at ‘‘Rucci Law Group, 19 Old Kings [Highway]
South, Darien,’’ and that he served Devine by leaving
a copy of the summons and complaint at ‘‘Devine &
Devine, 65 East [Avenue], Norwalk . . . .’’
On March 1 and 3, 2023, Zabetakis and Devine, respec-
tively, moved to dismiss the action for lack of personal
jurisdiction due to insufficient service of process. Zabe-
takis and Devine both argued that the plaintiff failed
to effectuate proper service because the state marshal
attempted to serve them by leaving the summons and
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complaint at their respective law firms, rather than serv-
ing them through in person or abode service, as required
by General Statutes § 52-57 (a).1 Zabetakis filed an affi-
davit in which she averred that she did not receive
personal service of the summons and complaint, that
her usual place of abode is not 19 Old Kings Highway
South in Darien, and that she did not authorize anyone
at that address to accept service on her behalf. Likewise,
Devine filed an affidavit in which he averred that he
did not receive personal service of the summons and
complaint, that his usual place of abode is not 65 East
Avenue in Norwalk, and that he did not authorize any-
one at that address to accept service on his behalf.
On March 3, 2023, Joshua and Melinda filed a motion
to dismiss in which they claimed that the court lacked
personal jurisdiction over them due to insufficient pro-
cess because the summons identified ‘‘Joshua and Melinda
Prince’’ as the first defendant, rather than listing them
separately. In addition, Joshua claimed that the court
lacked personal jurisdiction over him due to insufficient
service of process because the marshal provided only
a single copy of the summons and complaint to Melinda
and did not leave a separate copy for Joshua. Melinda
filed an affidavit in which she averred that she was
personally served with a single copy of the summons
and complaint and that the marshal did not leave a copy
for Joshua. Joshua filed an affidavit in which he averred
that he was not personally served with a copy of the
summons and complaint and that a copy was not left
for him at his usual place of abode.
On May 22, 2023, the court, Reed, J., heard argument
on the motions to dismiss. On September 12, 2023, the
court entered separate orders granting all three motions
1
General Statutes § 52-57 provides in relevant part: ‘‘(a) Except as other-
wise provided, process in any civil action shall be served by leaving a true
and attested copy of it, including the declaration or complaint, with the
defendant, or at his usual place of abode, in this state.’’
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Jackson v. Prince

to dismiss. As to Zabetakis and Devine, the court con-
cluded that it lacked personal jurisdiction over them
due to insufficient service of process ‘‘because service
of process was not effectuated . . . by in hand or
abode service in compliance with . . . § 52-57 (a)
. . . .’’ As to Joshua and Melinda, the court concluded
that it lacked personal jurisdiction over them due to
insufficiency of process because the summons
‘‘describe[d] Joshua and [Melinda] as one defendant
when they are two separate individuals,’’ and due to
insufficient service of process because the state mar-
shal ‘‘left one copy [of the summons and complaint]
only in the hands of [Melinda] . . . without leaving a
true and attested copy of the process for [Joshua].’’
This appeal followed. Additional facts and procedural
history will be set forth as necessary.2
2
Prior to filing the appeal, on September 19 and 20, 2023, the plaintiff
filed three separate motions requesting that the court clarify whether the
dismissal orders were ‘‘with or without prejudice.’’ The court did not rule
on those motions.
After filing the appeal, on October 16, 2023, the plaintiff filed a motion
for articulation, in which she requested that the court articulate: (1) ‘‘the
statute or law the trial court relies upon when ignoring . . . that [Devine]
and [Zabetakis] avoided providing personal contact information including
on their abode’’; (2) ‘‘the statute or law the trial court relies upon in . . .
denying an evidentiary hearing’’ to resolve whether the marshal left a copy
of the summons and complaint at Joshua’s usual place of abode; and (3)
whether the dismissal orders were ‘‘with or without prejudice . . . .’’ Fol-
lowing a hearing, on October 27, 2023, the court entered an order articulating
that the dismissal orders were ‘‘without prejudice,’’ but denying the
remaining requests for articulation. The plaintiff did not file a motion for
review of that order.
In her appellate brief, the plaintiff argues that the ‘‘failure to clearly
articulate the grounds for dismissal’’ justifies reversal of the trial court’s
judgment. To the extent the plaintiff challenges the judgment on the basis
that the court partially denied her motion for articulation, we decline to
review that claim because ‘‘[t]he motion for review, not the appeal, is the
only appropriate means by which to obtain a remedy with regard to a
decision on a motion for articulation.’’ Lynn v. Lynn, 145 Conn. App. 33,
37 n.2, 74 A.3d 506 (2013); see also Practice Book § 66-5. We note that,
although this court ‘‘may order a further articulation of the basis of the trial
court’s factual findings or decision’’ if ‘‘necessary to the proper disposition
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Before addressing the plaintiff’s claims, we set forth
the standard of review and legal principles applicable
to the claims raised in this appeal. ‘‘A motion to dismiss
tests, inter alia, whether, on the face of the record, the
court is without jurisdiction. . . . The motion to dis-
miss . . . admits all facts which are well pleaded, invokes
the existing record and must be decided upon that
alone. . . . [O]ur review of the trial court’s ultimate
legal conclusion and resulting [denial] of the motion to
dismiss will be de novo. . . . Factual findings underly-
ing the court’s decision, however, will not be disturbed
unless they are clearly erroneous.’’ (Citation omitted;
internal quotation marks omitted.) Prenderville v. Sin-
clair, 164 Conn. App. 439, 451–52, 138 A.3d 336 (2016).
‘‘[T]he Superior Court . . . may exercise jurisdiction
over a person only if that person has been properly
served with process, has consented to the jurisdiction
of the court or has waived any objection to the court’s
exercise of personal jurisdiction. . . . [W]hen a partic-
ular method of serving process is set forth by statute,
that method must be followed. . . . Unless service of
process is made as the statute prescribes, the court to
which it is returnable does not acquire jurisdiction. . . .
A proper officer serving process must comply with the
provisions of . . . § 52-57(a), which require that pro-
cess be served by leaving it with the defendant, or at
his usual place of abode . . . . Abode service is not
effective if it is left at an address that is not the usual
address of the party to be served, and an action com-
menced by such improper service must be dismissed.
. . .
‘‘For service pursuant to § 52-57 (a), the ‘usual place
of abode’ presumptively is the defendant’s home at the
time when service is made. . . . Whether a particular
of the cause’’; Practice Book § 60-5; no such articulation is necessary for
the resolution of the plaintiff’s claims.
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locale is the usual place of abode is a question of fact.
. . . When . . . the defendant is a resident of Connect-
icut who claims that no valid abode service has been
made . . . that would give the court jurisdiction over
[the defendant’s] person, the defendant bears the bur-
den of disproving personal jurisdiction. . . . When
jurisdiction is based on personal or abode service, the
matters stated in the return, if true, confer jurisdiction
unless sufficient evidence is introduced to prove other-
wise.’’ (Citations omitted; internal quotation marks
omitted.) Jimenez v. DeRosa, 109 Conn. App. 332, 338–
39, 951 A.2d 632 (2008).
I
The plaintiff first claims that the court erred in con-
cluding that it lacked personal jurisdiction over Joshua
and Melinda due to insufficient process and insufficient
service of process. The plaintiff argues that she accu-
rately identified Joshua and Melinda as defendants on
the civil summons form, and that listing ‘‘Joshua and
Melinda Prince’’ on a single line on the form was merely
a misnomer that did not render the summons insuffi-
cient. The plaintiff further argues that, because there
was a factual dispute over whether the state marshal
left two copies of the summons and complaint at Joshua
and Melinda’s usual place of abode, the court was
required to hold an evidentiary hearing prior to dismiss-
ing the action for insufficient service of process. We
agree.
The following additional procedural history is rele-
vant to this claim. In the memorandum in support of
their motion to dismiss, Joshua and Melinda argued
that, by identifying ‘‘Joshua and Melinda Prince’’ as
the ‘‘first defendant’’ on the civil summons form, the
plaintiff had improperly ‘‘treat[ed] them as one defen-
dant,’’ rendering the process insufficient and depriving
the court of personal jurisdiction over both of them.
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Additionally, Joshua argued that the court lacked per-
sonal jurisdiction over him because, contrary to the
attestation in the return of service, the marshal did not
leave a separate copy of the summons and complaint
for him at his usual place of abode. On April 18, 2023,
the court scheduled oral argument on the motions to
dismiss. On May 18, 2023, Joshua and Melinda filed a
request for an evidentiary hearing on their motion to
dismiss, in which they requested that, ‘‘if the court deter-
mines that further evidence is required on the issues
raised in their motion, that the evidentiary hearing be
held simultaneously with the hearing already scheduled
for May 22, 2023.’’
During oral argument on the motion to dismiss, coun-
sel for Joshua and Melinda reiterated the arguments
set forth in their written motion, namely, that the court
should dismiss the action as to both Joshua and Melinda
due to insufficiency of process and that the action
‘‘should be dismissed as to Joshua . . . based on insuf-
ficiency of service of process.’’ With respect to the latter
argument, counsel noted that the affidavits submitted
by Joshua and Melinda disputed the marshal’s attesta-
tion that he had left two copies of the summons and
complaint at their residence. Counsel further argued
‘‘that [the affidavits leave] us currently with a factual
dispute’’ and noted that Joshua and Melinda were avail-
able to testify. The court responded that ‘‘[t]his is not
an evidentiary hearing. . . . We’ve not set aside time
sufficient for evidence if it’s needed. So, we’re not going
to do that today.’’
On September 12, 2023, the court entered an order
dismissing the action as to Joshua and Melinda without
holding an evidentiary hearing. With respect to the con-
tention that the summons failed to identify Joshua and
Melinda separately, the court determined that ‘‘the sum-
mons and complaint improperly identify Joshua and
[Melinda] jointly as one defendant. Yet, they are, in fact,
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separate individuals, and not a business or corporate
entity called ‘Joshua and Melinda Prince.’ The legal
process is defective in treating them as one defendant.
It is axiomatic that individual persons who are claimed
to be liable for damages should be listed as separate
defendants so that they may appear and plead in their
individual capacities and assert such rights and
defenses that may individually apply.’’ The court further
noted that ‘‘General Statutes § 52-45a provides that civil
actions shall be commenced by legal process consisting
of a writ of summons or attachment, describing the
parties, the court to which it is returnable, the return
day, and the date and place for filing of an appearance.’’
The court concluded that ‘‘[i]t is inaccurate and insuffi-
cient to describe Joshua and [Melinda] as one defendant
when they are two separate individuals, each with his
or her own rights in the court process.’’3
The court then addressed Joshua’s claim that the
plaintiff failed to effectuate proper service. The court
determined that, ‘‘[a]lthough the state marshal stated
3
We note that the order did not expressly state that the court concluded
that it lacked personal jurisdiction over Joshua and Melinda due to insuffi-
ciency of process. On appeal, however, the plaintiff and Joshua and Melinda
treat the court’s order as concluding that it lacked personal jurisdiction due
to insufficiency of process, Joshua and Melinda argue that the court properly
dismissed the action due to insufficiency of process, and the plaintiff argues
that any defect in the summons did not deprive the court of personal jurisdic-
tion. Construing the court’s order as a whole, and in light of the arguments
raised by the parties before the trial court and on appeal, we conclude
that the court implicitly concluded that it lacked personal jurisdiction over
Joshua and Melinda due to insufficiency of process. See Alpha Beta Capital
Partners, L.P. v. Pursuit Investment Management, LLC, 193 Conn. App.
381, 428, 219 A.3d 801 (2019) (‘‘The interpretation of a trial court’s judgment
presents a question of law over which our review is plenary. . . . The
determinative factor is the intention of the court as gathered from all parts
of the judgment. . . . Effect must be given to that which is clearly implied
as well as to that which is expressed. . . . The judgment should admit of
a consistent construction as a whole.’’ (Internal quotation marks omitted.)),
cert. denied, 334 Conn. 911, 221 A.3d 446 (2020), and cert. denied, 334 Conn.
911, 221 A.3d 446 (2020).
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in his return of process that he served [Joshua] and
[Melinda] by leaving two true and attested copies of
the process at their usual place of abode, this is contra-
dicted by Joshua and [Melinda] in their affidavits. In
her affidavit, [Melinda] states that the state marshal
. . . served her with one copy in hand,4 and that the
state marshal did not give her or leave a true and
attested copy of the summons and complaint for her
husband, [Joshua]. [Joshua] states in his affidavit that
he was never served in hand, and the return of process
submitted by the state marshal does not claim that he
served [Joshua] in hand (or by reading it). Rather, the
marshal claims that he served [Joshua] and [Melinda]
by abode with two true and attested copies. The fact
that the marshal actually served [Melinda] in hand,
while stating in his return that he served her by abode,
shows that the return is inaccurate, and gives reason
to doubt that he left two true and attested copies at
the abode. The better evidence is that the marshal left
one copy only in the hands of [Melinda], thereby serving
her in a manner allowed by . . . § 52-57, but without
leaving a true and attested copy for [Joshua] . . . .
‘‘The fact that the civil summons lists Joshua and
[Melinda] as one defendant . . . and that the complaint
describes them as ‘Defendant 1,’ suggests that the plain-
tiff might not have been aware that individual persons
who are being sued in their individual capacities, as
opposed to a business or corporate entity named
‘Joshua and Melinda Prince,’ should be listed as sepa-
rate defendants. The plaintiff’s listing of them together
4
The order incorrectly states that Melinda averred in her affidavit ‘‘that
the state marshal never served her with one copy in hand . . . .’’ (Emphasis
added.) Later in the same paragraph, however, the order correctly states
that ‘‘the marshal actually served [Melinda] in hand,’’ and it is undisputed
that Melinda’s affidavit states that she ‘‘was served by a [s]tate [m]arshal
in hand with one copy of the summons and complaint in this case.’’ Thus,
it appears that the court’s statement that the marshal ‘‘never served [Melinda]
with one copy in hand’’ was a scrivener’s error.
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suggests that the plaintiff considered them as one, lead-
ing to a reasonable inference that the plaintiff would
have given the marshal only one copy of the process
to be served on [them] jointly. This manner of service
does not comply with . . . § 52-57, nor is it how sum-
monses are typically served.’’ (Citations omitted; foot-
note added.) The court concluded ‘‘that the plaintiff
has failed to effectuate proper service of process upon
[Joshua] and [Melinda] and the court, therefore, lacks
personal jurisdiction over them.’’
A
We first address the court’s conclusion that it lacked
personal jurisdiction over Joshua and Melinda due to
insufficiency of process. General Statutes § 52-123 pro-
vides that ‘‘[n]o writ, pleading, judgment or any kind
of proceeding in court or course of justice shall be
abated, suspended, set aside or reversed for any kind of
circumstantial errors, mistakes or defects, if the person
and the cause may be rightly understood and intended
by the court.’’ ‘‘Section 52-123 is a remedial statute and
therefore must be liberally construed in favor of those
whom the legislature intended to benefit. . . . Our
Supreme Court has explained that § 52-123 replaces the
common law rule that deprived courts of subject matter
jurisdiction whenever there was a misnomer . . . in
an original writ, summons or complaint. . . . When a
misnomer does not result in prejudice to a party, the
defect in the writ is circumstantial error.’’ (Internal quo-
tation marks omitted.) Young v. Vlahos, 103 Conn. App.
470, 478, 929 A.2d 362 (2007), cert. denied, 285 Conn.
913, 943 A.2d 474 (2008).
‘‘When the correct party is designated in a way that
may be inaccurate but which is still sufficient for identi-
fication purposes, the misdesignation is a misnomer.
Such a misnomer does not prevent the exercise of [per-
sonal] jurisdiction if the defendant was actually served
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Jackson v. Prince

and knew he or she was the intended defendant. This
is in contradistinction to the case in which the plaintiff
has misconstrued the identity of the defendant and has
therefore named and served the wrong party. The issue,
then, is whether a misnomer is a designation of the
right party in a way which may be inaccurate but which
is still sufficient for identification purposes or whether
the wrong person has been designated as a party.’’
(Internal quotation marks omitted.) Lussier v. Dept. of
Transportation, 228 Conn. 343, 350, 636 A.2d 808 (1994).
‘‘Service is proper despite a misnomer if the complaint
is not susceptible to any reasonable doubt or confusion
about who it was the plaintiff intended to sue.’’ (Internal
quotation marks omitted.) Gaddy v. Mount Vernon Fire
Ins. Co., 192 Conn. App. 337, 346, 217 A.3d 1082 (2019).
In the present case, it is apparent from our review
of the record that the designation of Joshua and Melinda
as ‘‘Joshua and Melinda Prince’’ could not reasonably
have resulted in any confusion about the identity of
the defendants. The complaint describes Joshua and
Melinda as ‘‘the previous owners and sellers of the
property.’’ Attached to the complaint are copies of a
rider to the real estate sales agreement and the residen-
tial property condition report from the sale of the prop-
erty, both of which identify the sellers as ‘‘Joshua and
Melinda Prince.’’ Moreover, Joshua and Melinda do not
dispute that they received actual notice of the action
and do not claim that there was any confusion that they
were the intended defendants or that they suffered any
prejudice from the plaintiff’s failure to list them sepa-
rately on the summons. See, e.g., Lussier v. Dept. of
Transportation, supra, 228 Conn. 348–49, 352 (designa-
tion in summons of defendant as ‘‘State of Connecticut,
Department of Transportation’’ rather than ‘‘Commis-
sioner of Transportation’’ did not deprive court of juris-
diction where commissioner was named in complaint
and received actual notice); Ryan v. Cassella, 180 Conn.
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Jackson v. Prince

App. 461, 474–75, 184 A.3d 311 (2018) (summons that
misspelled defendant’s name was circumstantial defect
that did not deprive court of jurisdiction where defen-
dant received actual notice and claimed no prejudice
as result of defect). Accordingly, we conclude that the
designation of Joshua and Melinda as ‘‘Joshua and
Melinda Prince’’ was a circumstantial defect that did
not deprive the court of personal jurisdiction.
B
We next address the plaintiff’s contention that the
court erred by failing to hold an evidentiary hearing
prior to dismissing the action as to Joshua and Melinda
on the basis of insufficient service of process. We first
note that, although the court concluded that it lacked
personal jurisdiction over both Joshua and Melinda due
to insufficient service of process, Melinda did not move
to dismiss the action on that basis. In their joint motion
to dismiss, Joshua and Melinda both claimed that the
action should be dismissed due to insufficiency of pro-
cess, but only Joshua sought dismissal on the basis of
lack of personal jurisdiction due to insufficient service
of process. In her affidavit filed in support of the joint
motion, Melinda conceded that she ‘‘was served by a
state marshal in hand with one copy of the summons
and complaint,’’ and the trial court found that the state
marshal ‘‘left one copy [of the summons and complaint]
in the hands of [Melinda], thereby serving her in a
manner allowed by . . . § 52-57 . . . .’’ (Emphasis
added.) Moreover, during oral argument before this
court, counsel for Melinda conceded that she was prop-
erly served. Accordingly, we conclude that the trial
court erred in concluding that it lacked personal juris-
diction over Melinda.
With respect to Joshua, it is well settled that ‘‘where
a jurisdictional determination is dependent on the reso-
lution of a critical factual dispute, it cannot be decided
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Jackson v. Prince

on a motion to dismiss in the absence of an evidentiary
hearing to establish jurisdictional facts.’’ (Internal quo-
tation marks omitted.) Godbout v. Attanasio, 199 Conn.
App. 88, 97, 234 A.3d 1031 (2020). ‘‘When issues of fact
are necessary to the determination of a court’s jurisdic-
tion, due process requires that a trial-like hearing be
held, in which an opportunity is provided to present
evidence and to cross-examine adverse witnesses.’’
(Internal quotation marks omitted.) Schaghticoke
Tribal Nation v. Harrison, 264 Conn. 829, 833, 826 A.2d
1102 (2003). ‘‘It [is] axiomatic . . . that in a case where
the pleadings and submissions of the parties themselves
necessarily raise a dispute about a fact that is central
to the court’s jurisdictional determination, the court has
an independent duty, even in the absence of a part[y’s]
request, to hold an evidentiary hearing prior to resolving
the factual dispute.’’ 307 White Street Realty, LLC v.
Beaver Brook Group, LLC, 216 Conn. App. 750, 772
n.13, 286 A.3d 467 (2022).
In the present case, the court’s conclusion that the
plaintiff failed to effectuate proper service on Joshua
rested on its determination that the state marshal left
only one copy of the summons and complaint with
Melinda when he served her in person. The papers sub-
mitted by the parties, however, indicate that there was
a factual dispute as to that issue: the marshal attested
in the return of service that he left two copies at Joshua
and Melinda’s usual place of abode, but Joshua and
Melinda averred in their affidavits that no copy was left
for Joshua. In the order granting the motion to dismiss,
the court relied solely on the papers submitted by the
parties to support its determination that ‘‘[t]he better
evidence is that the marshal left one copy [of the sum-
mons and complaint] only in the hands of [Melinda]
. . . without leaving a true and attested copy [of the
process] for [Joshua].’’ Likewise, Joshua argues on
appeal that ‘‘the evidence regarding service of process
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was not equally balanced, but weighed in [Joshua’s]
favor’’ because Joshua and Melinda ‘‘filed two affidavits
. . . showing that the state marshal’s return was erro-
neous.’’ Joshua further argues that, ‘‘[a]fter the defen-
dants submitted affidavits squarely challenging the
veracity of the marshal’s return, it should be incumbent
on the plaintiff to dispute the facts contained therein.’’
It is well established, however, that ‘‘an officer’s
return of abode service is prima facie evidence of the
facts stated therein . . . [and] a defendant who con-
tests the facts stated in the return bears the initial bur-
den of disproving personal jurisdiction.’’ (Citation
omitted; emphasis in original.) Jimenez v. DeRosa,
supra, 109 Conn. App. 341. Where a court’s jurisdictional
determination requires resolution of a factual dispute,
‘‘[a]n evidentiary hearing is necessary because a court
cannot make a critical factual [jurisdictional] finding
based on memoranda and documents submitted by the
parties.’’ (Internal quotation marks omitted.) Godbout
v. Attanasio, supra, 199 Conn. App. 97. ‘‘Affidavits are
insufficient to determine factual issues raised on a
motion to dismiss unless . . . they disclose that no
genuine issue as to a material fact exists. . . . If a
motion to dismiss turns on disputed issues of fact, an
evidentiary hearing must be held to afford the parties an
opportunity to present evidence and to cross-examine
adverse witnesses.’’ (Citation omitted; emphasis added;
internal quotation marks omitted.) Adolphson v.
Weinstein, 66 Conn. App. 591, 594 n.3, 785 A.2d 275
(2001), cert. denied, 259 Conn. 921, 792 A.2d 853 (2002).
Because the dispute over whether the marshal left a
copy of the summons and complaint for Joshua was
critical to the court’s jurisdictional determination, the
court was not permitted to resolve that issue solely on
the basis of the affidavits. See, e.g., Weinstein & Wisser,
P.C. v. Cornelius, 151 Conn. App. 174, 182–83, 94 A.3d
700 (2014) (remanding for evidentiary hearing where
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affidavits raised disputed factual issue regarding whether
defendant was served at his usual place of abode).
Accordingly, we conclude that the court erred by grant-
ing the motion to dismiss as to Joshua without holding
an evidentiary hearing.
II
The plaintiff next claims that the court erred in con-
cluding that it lacked personal jurisdiction over Zabe-
takis and Devine. The plaintiff does not challenge the
court’s determination that she failed to serve Zabetakis
and Devine either in person or at their usual place
of abode but argues that the court failed to consider
evidence that Zabetakis and Devine ‘‘evad[ed] service
by withholding their residential addresses . . . thus
compelling the plaintiff to serve them at their last
known professional addresses.’’ The plaintiff further
argues that Practice Book § 10-13 authorizes service
of process on an attorney at his or her last known
professional address. We disagree.
The following additional procedural history is rele-
vant to this claim. As discussed previously, Zabetakis
and Devine moved to dismiss the action for lack of
personal jurisdiction on the basis that the state marshal
attempted to serve them by leaving the summons and
complaint at their respective law firms, rather than serv-
ing them through in person or abode service. On March
17, 2023, the plaintiff filed an objection to the motions
to dismiss, in which she argued that it was proper to
serve Zabetakis and Devine at their place of employ-
ment because they did not provide her with information
concerning their place of abode. The plaintiff indicated
that she had emailed Zabetakis on two occasions to
request ‘‘legal malpractice contact information,’’ and
that Zabetakis never responded to such emails. The
plaintiff attached an affidavit to her objection, in which
she averred that she ‘‘acted in good faith in serving
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appropriate notice to the defendants given the informa-
tion provided and to the best extent possible in accor-
dance with . . . [§ 52-57] and in the information pro-
vided by the Superior Court at Bridgeport concerning
an approved list of [s]tate [m]arshals.’’ The affidavit did
not reference any attempt by the plaintiff to ascertain
the usual place of abode of Zabetakis or Devine, and
the plaintiff did not include copies of the emails she
claimed to have sent to Zabetakis requesting ‘‘legal mal-
practice contact information.’’ During argument before
the trial court, the plaintiff reiterated her contention
that Zabetakis and Devine evaded service by failing to
provide her with information concerning their place of
abode and argued that ‘‘if they do not . . . provide
personal contact information, I have to serve them at
a place of [employment] where I can find them.’’ On
September 12, 2023, the court entered separate orders
dismissing the action as to Zabetakis and Devine for
lack of personal jurisdiction on the basis that the plain-
tiff failed to effectuate service in accordance with § 52-
57 (a).
This court has recognized that, ‘‘if a putative party
can be shown to have been evading service of process,
[n]otice of a complaint coupled with good faith
attempted service is sufficient to confer jurisdiction.’’
(Internal quotation marks omitted.) Jimenez v. DeRosa,
supra, 109 Conn. App. 339–40. ‘‘[W]here facts occur
which would convince a reasonable man that personal
service of process is being attempted, service cannot
be avoided by denying service and moving away without
consenting to take the document in hand; and service
may be effected by depositing the paper in some appro-
priate place in his presence where it will be most likely
to come into his possession . . . .’’ (Internal quotation
marks omitted.) Bove v. Bove, 93 Conn. App. 76, 82, 888
A.2d 123, cert. denied, 277 Conn. 919, 895 A.2d 788
(2006), quoting 72 C.J.S. 629, Process § 43 (b) (1987).
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‘‘Whether a defendant has engaged in such evasive
maneuvers is a question of fact.’’ Jimenez v. DeRosa,
supra, 109 Conn. App. 340 n.3. When a defendant sub-
mits uncontested evidence demonstrating that the
plaintiff failed to effectuate service in accordance with
statutory requirements, a plaintiff claiming that the
defendant evaded service bears the burden of proof.
Id., 341.
In the present case, Zabetakis and Devine submitted
affidavits averring that they were not served in person
or at their usual place of abode, and that they had not
authorized anyone at their law offices to accept service
on their behalf. The plaintiff did not contest the informa-
tion contained in those affidavits but, instead, claimed
that she was excused from serving Zabetakis and
Devine in accordance with § 52-57 (a) because they
evaded service. The plaintiff, however, did not present
any evidence in support of that claim; instead, she relied
solely on the unsubstantiated assertion in her objection
to the motion to dismiss that Zabetakis failed to respond
to her request for ‘‘legal malpractice contact informa-
tion.’’
The plaintiff’s failure to provide evidence to support
her assertion that Zabetakis and Devine evaded service
is fatal to that claim. See, e.g., Jimenez v. DeRosa,
supra, 109 Conn. App. 341 (burden is on plaintiff to
prove that defendant evaded service of process). More-
over, even if the plaintiff had presented evidence in
support of her claim, the mere fact that a defendant does
not voluntarily provide the plaintiff with information
concerning his or her place of abode, without more,
is insufficient to establish that the defendant evaded
service of process. Rather, to establish that a defendant
evaded service, the plaintiff is required to present evi-
dence that the defendant took affirmative steps to avoid
the plaintiff’s good faith efforts at effectuating service
in accordance with statutory requirements. See, e.g.,
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Jackson v. Prince

Bove v. Bove, supra, 93 Conn. App. 80–81 (plaintiff’s
good faith attempt to serve defendant was sufficient to
confer personal jurisdiction where defendant evaded
service by running away from sheriff who was
attempting to serve him and then, after witnessing sher-
iff leave process in mailbox, calling postal service to
remove process rather than retrieving it). In the present
case, there is no evidence that the marshal made any
effort to serve Zabetakis or Devine in person, or that
either defendant took any action to prevent the plaintiff
from effectuating service. See, e.g., Prenderville v. Sin-
clair, supra, 164 Conn. App. 456 (defendant did not
evade service by changing business address without
notifying Secretary of the State; ‘‘[i]t was instead the
plaintiffs’ failure to use an alternative method of service
once their original attempt failed that caused the
untimely service and return of process’’). Accordingly,
the record does not support the plaintiff’s claim that
Zabetakis and Devine evaded service of process.
The plaintiff’s contention that Practice Book § 10-13
authorizes service of process on an attorney at his or
her last known professional address also is misplaced.
The plaintiff relies on language in § 10-13 providing that
‘‘[s]ervice upon the attorney or upon a self-represented
party, except service pursuant to Section 10-12 (c), may
be by delivering a copy or by mailing to the last known
address of the attorney or party. Delivery of a copy
within this section means handing it to the attorney or
to the party; or leaving it at the attorney’s office with
a person in charge thereof; or, if there is no one in
charge, leaving it in a conspicuous place therein . . . .’’
This court has recognized, however, that § 10-13 does
not provide a substitute for compliance with statutory
rules of service. Rather, ‘‘[§] 10-13 describes the accept-
able methods of service of the documents identified in
Practice Book § 10-12.’’ Ciara v. Atlantic Motors, LLC,
223 Conn. App. 164, 170, 307 A.3d 962, cert. denied, 348
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Jackson v. Prince

Conn. 951, 309 A.3d 303 (2024). Section 10-12, in turn,
provides in relevant part that ‘‘[i]t is the responsibility
of counsel or a self-represented party filing the same
to serve on each other party who has appeared one copy
of every pleading subsequent to the original complaint,
every written motion . . . and every paper relating to
discovery, request, demand, claim, notice or similar
paper . . . .’’ (Emphasis added.) Thus, the provision
in § 10-13 allowing for service at an attorney’s office
applies to the service on a ‘‘party who has appeared’’
of pleadings and other papers filed ‘‘subsequent to the
original complaint’’; it does not provide a substitute
means of serving process for purposes of commencing
an action.5
Section 52-45a governs the commencement of civil
actions and provides that ‘‘[c]ivil actions shall be com-
menced by legal process consisting of a writ of sum-
mons or attachment,’’ which ‘‘shall be accompanied by
the plaintiff’s complaint.’’ As discussed previously, § 52-
57 (a) requires that ‘‘process in any civil action shall
be served by leaving a true and attested copy of it,
including the declaration or complaint, with the defen-
dant, or at his usual place of abode, in this state.’’
‘‘[W]hen a particular method of serving process is set
forth by statute, that method must be followed. . . .
Unless service of process is made as the statute pre-
scribes, the court to which it is returnable does not
acquire jurisdiction.’’ (Internal quotation marks omit-
ted.) Jiminez v. DeRosa, supra, 109 Conn. App. 338.
Thus, the court did not acquire personal jurisdiction
over Zabetakis and Devine based on the plaintiff’s com-
pliance with provisions of our rules of practice govern-
ing service on appearing parties of pleadings and other
papers filed subsequent to the original complaint.
5
We also note that, although Zabetakis and Devine are attorneys admitted
to practice in Connecticut, their status in the present case is as parties, not
counsel. Thus, the provision in Practice Book § 10-13 allowing service of
pleadings and other papers subsequent to the original complaint by ‘‘leaving
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The plaintiff also argues that, as attorneys, Zabetakis
and Devine had an ethical obligation to provide her
with information concerning their usual place of abode.
In support of that contention, the plaintiff relies on rule
1.4 (a) (4) of the Rules of Professional Conduct, which
provides that ‘‘[a] lawyer shall . . . promptly comply
with reasonable requests for information . . . .’’ We
note that the plaintiff did not present any evidence
that she asked Zabetakis and Devine for their home
addresses. More importantly, as the commentary makes
clear, rule 1.4 governs communication during the attor-
ney-client relationship and is intended to ensure that
‘‘the client effectively [is able] to participate in the repre-
sentation.’’ Rules of Professional Conduct 1.4, commen-
tary. The rule does not impose on attorneys an obliga-
tion to disclose their home address to a plaintiff in
the context of an impending lawsuit.6 Accordingly, we
conclude that the trial court properly dismissed the
action as to Zabetakis and Devine for lack of personal
jurisdiction.7
it at the attorney’s office’’ would apply to service on counsel for Zabetakis
and Devine after they appeared in the action, not on them personally.
6
The plaintiff also relies on rule 8.4 (3) of the Rules of Professional
Conduct, which provides in relevant part that ‘‘[i]t is professional misconduct
for a lawyer to . . . [e]ngage in conduct involving dishonesty, fraud, deceit
or misrepresentation . . . .’’ The plaintiff does not explain how an attorney’s
failure voluntarily to disclose his or her home address constitutes conduct
that falls within the ambit of that rule.
7
The plaintiff argues that, as a self-represented litigant, she ‘‘made good
faith efforts to comply with the procedural rules,’’ and that ‘‘any alleged
defects in service are minor and do not justify the dismissal of her claims.’’
Although ‘‘[i]t is the established policy of the Connecticut courts to be
solicitous of [self-represented] 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 . . . the right of self-representation provides
no attendant license not to comply with relevant rules of procedural and
substantive law.’’ (Internal quotation marks omitted.) Burton v. Dept. of
Environmental Protection, 337 Conn. 781, 803–804, 256 A.3d 655 (2021).
‘‘While a trial court can exhibit some degree of leniency towards a [self-
represented] plaintiff, the court cannot disregard established and mandatory
requirements which circumscribe jurisdiction in the first instance.’’ Basili-
cato v. Dept. of Public Utility Control, 197 Conn. 320, 324, 497 A.2d 48 (1985).
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Jackson v. Prince

The judgment is reversed with respect to the order
dismissing the action as to Joshua Prince and Melinda
Prince and the case is remanded with direction to deny
the motion to dismiss as to Melinda Prince and for an
evidentiary hearing to determine whether the plaintiff
properly effectuated service of process on Joshua
Prince; the judgment is affirmed in all other respects.
In this opinion the other judges concurred.