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Note: O.J. Mann Electric Services, Inc. (Contractor) sued The Village at Kensington Place Limited Partnership (Owner) to foreclose on a mechanics lien on Owner's real property. After receiving initial briefs, the Superior Court, judicial district of New Haven at Meriden, Frazzini, J., extended the 120-day statutory limit for issuing its decision and allowed Owner to substitute an LC for the lien. After filing additional briefs, Contractor/Beneficiary filed a motion for mistrial because the court failed to render its decision within the 120 day statutory limit. The court dismissed Owner/Applicant's motion. On appeal, the Appellate Court of Connecticut, DiPentima, J., affirmed.

Applicant argued that Contractor/Beneficiary's claim was moot because of the substitution of the LC for the mechanic's lien. The court concluded that the substitution of the LC for the lien did not render the appeal moot because the LC was contingent on the Contractor/Beneficiary's receiving a favorable judgment. "Substituting a letter of credit for the lien did not extinguish the practical relief that this could afford [Contractor/Beneficiary] should we determine that the court lacked personal jurisdiction to render its judgment for [Owner/Applicant]."

[JEB/jmf]

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