Fairfield Merrittview Ltd. Partnership v. Norwalk

Summary

The dissent argues that the tax appeal was jurisdictionally defective because the partnership lacked standing when it commenced the action, and that the defect could be cured only through a timely substitution of the LLC. Because the plaintiffs never sought substitution before judgment and repeatedly characterized the amendment as joinder or correction of a misnomer, the dissent would not allow them to recharacterize their litigation posture on appeal. The dissent maintains that the majority improperly rescued the plaintiffs from a self-inflicted jurisdictional error.