MCC Funding, LLC v. Beverly Hills Suites, LLC
Precedent establishes that the Connecticut appellate courts are hesitant to find an abuse of discretion where the trial court has denied a motion for continuance made on the day of trial. The defendants, Beverly Hills Suites, LLC and Sharok Jacobi, appealed from the summary judgment of strict foreclosure rendered for the plaintiff, MCC Funding, LLC. The defendants claimed that the court abused its discretion in denying their request for a continuance to present their own appraisal report on the subject property, a hotel. The plaintiff included an appraisal report with its motion indicating that the fair market value of the property was $1,400,000. The affidavit of debt listed an outstanding balance of $6,196,003.33 which included the unpaid principal balance of $3,700,000, default interest of $1,671.005.48, interest of $37,000, late charges of $224,220 and advances to operate the hotel of $563,777.85. The Appellate Court affirmed the judgment. The appeal was not moot, as the plaintiff claimed, because title had not vested in the plaintiff. The defendants failed to establish that the court abused its discretion. The defendants made their request for a continuance during the hearing that occurred 17 days after the plaintiff had moved for a judgment of strict foreclosure. The trial court noted that the plaintiff incurred harm as a result of the substantial sum of unpaid interest and the advancement of more than $560,000 to operate the hotel. The trial court also expressly stated that the defendants would be permitted to challenge the amount of the advanced money and fair market value of the property at the subsequent deficiency hearing.