(a) Any order entered as provided in subsection (b) of section 52-325b shall be deemed a final judgment for the purpose of appeal.
(b) No appeal shall be taken from such order except within seven days thereof. The effect of such order shall be automatically stayed for such seven-day period. If an appeal is taken within such seven-day period, the party taking such appeal may, within such period, file an application with the clerk of the court in which such order was issued, requesting a stay of the effect of such order pending such appeal, which application shall set forth the reasons for such request. A copy of such application shall be sent to the adverse party by the applicant. Upon the filing of such application, the effect of such order shall be further stayed until a decision is rendered thereon. A hearing on such application shall be held promptly. Such order shall be stayed if the party taking such appeal posts a bond, as provided in subsection (c) of this section.
(c) Upon the hearing on such application, the court shall: (1) Upon motion of the party taking the appeal set an amount of bond with surety for the stay of such order as provided in subsection (b) of this section, which amount shall be as the court deems sufficient to indemnify the adverse party for any damages which may result from the stay. If the party taking the appeal gives such bond the order shall be stayed; or (2) grant the stay; or (3) deny the stay; or (4) condition the granting of the stay upon the giving of such a bond.
(d) Any order of discharge or any order of any stay shall take effect upon recording of a certified copy thereof in the office of the town clerk in which such notice of lis pendens was recorded. The clerk of the court in which any such order is issued shall not deliver any certified copies thereof until the time for taking an appeal has elapsed or, if an appeal is taken and an application for a stay of such order is filed, until such time as a decision granting or denying such stay has been rendered.
(e) When a certified copy of such order of discharge of notice of lis pendens has been recorded, such discharged notice of lis pendens shall not be deemed to constitute constructive notice of the claim of the party recording such notice to any third party who acquires his interest in the particular property either before or after the recording of such discharge.
(P.A. 81-8, S. 4, 9.)
Cited. 189 C. 471; 209 C. 15; 217 C. 24.
Cited. 10 CA 166; 18 CA 16; 36 CA 206; Id., 469; 41 CA 737; 42 CA 617; 45 CA 324.
Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.
Subsec. (a):
Any denial, under Sec. 52-325b(b)(1), of a motion to discharge a notice of lis pendens that challenged the existence of probable cause constitutes a final judgment. 214 CA 750.
Structure Connecticut General Statutes
Section 52-279. - When attachments may be granted.
Section 52-280. - Service of writ of attachment.
Section 52-281. - Order for attachment on plaintiff's application during pendency of action.
Section 52-283. - Certain attachments effective without removal of property.
Section 52-283a. - Discharge of attachment.
Section 52-284. - Attachment against nonresident.
Section 52-285. - Attachment of real estate.
Section 52-286. - Attachment of leasehold interests.
Section 52-288. - Attachment of railroad cars and motor vehicles.
Section 52-289. - Attachment of corporate rights or shares.
Section 52-292. - Attachment in actions against voluntary associations and their members.
Section 52-293. - Sale of attached livestock and perishable property.
Section 52-294. - Procedure on sale of attached property.
Section 52-295. - Costs and expenses of appraisal.
Section 52-296. - Disposition of avails of attachment sale.
Section 52-297. - Avails of attachment sale may be attached.
Section 52-298. - Defendant may take avails of sale on giving bond.
Section 52-299. - Attachment of partnership property for partner's debt.
Section 52-300. - Discontinuance of attachment proceedings; security.
Section 52-304. - Dissolution of attachment by substitution of bond or lien.
Section 52-305. - Form of application for dissolution.
Section 52-306. - Notice of application to dissolve attachment.
Section 52-307. - Amount of attachment bond or substitute lien; hearing as to sufficiency.
Section 52-308. - Form of attachment bond.
Section 52-309. - Return of application, bond or certified copy of lien and proceedings.
Section 52-310. - Certificate of dissolution of attachment.
Section 52-311. - Attachment; new bond or lien may be required.
Section 52-321. - Liability of income of trust fund to creditors. Expenses of trustee.
Section 52-323. - Penalty for not filing certificate.
Section 52-325. - Notice of lis pendens.
Section 52-325a. - Application for discharge. Forms. Hearing.
Section 52-325b. - Burden of proof at hearing. Order of court.
Section 52-325d. - Motion for discharge of invalid notice of lis pendens.
Section 52-325e. - Duration of notice of lis pendens. Rerecording.
Section 52-326. - Discharge of lis pendens and invalid liens.
Section 52-327. - Duration of attachment lien on real estate. Discharge upon expiration.
Section 52-328. - Duration of attachment liens after judgment.