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******************************************************IN RE DAVID B.—CONCURRENCE 

### BEAR, J., concurring. I concurinthe majority’sresult and much of its reasoning, but I write separately because I do not agree that it is necessary to discuss in dictum the purported general policy implications underlying General Statutes § 52-599, or to interpret General Statutes § 46b-121 in support of those purportedimplications,1

### andIamconcernedthatthemajority’s reasoning may be incorrect. Accordingly, I cannot join in that aspect of the majority opinion.
The majority opinion holds that the court’s substitution ofthe child’s newlyappointedlegal guardianasthe petitionerfollowingthe death ofthe originalpetitioner, who was the child’s prior legal guardian, is both legally permissible and appropriate because the new legal guardian would be authorized by General Statutes § 45a-715 (a) to bring the termination action herself. With respect to the respondent’s claims concerning the relevance of § 52-599, our survival of actions statute, the majorityopinion sets forththe specificreasonswhy that statute is inapplicable, both as to this specific appeal as well as to this type of action generally. With respect to the statute’s applicability in this particular appeal,themajorityopinionstatesthattherespondent’s arguments fail first ‘‘[b]ecause the court did not rely
on § 52-599inrendering [itsjudgment],therespondent’s contention that [the court] did so improperly is wholly unavailing.’’ The majority opinion also notes that it will not address the respondent’s arguments on appeal concerning § 52-599 because those arguments are contrary to the arguments that she raised before the trial court about the applicability of § 52-599.
With respect to the effect of § 52-599 on this type of action generally, the majority opinion recognizes that, although it does not have to reach the issue because it ultimatelyholdsthatthe courtotherwise hadthepower to order the substitution at issue in this case, an action to terminate parental rights is not the type ofaction to which § 52-599 is intended to apply: ‘‘[A]pplication of § 52-599 to the facts ofthis case would not be aprecise jurisprudential fit. By its express language, the applicability of § 52-599 reasonably can be viewed as limited to those civil cases in which, despite a party’s death, the continuation ofthe litigation arguably couldbenefit the decedent’s estate, typically in some pecuniary manner, such that permitting substitution of a representative for the decedent’s estate would preserve both the adversarial nature of the proceedings and allow the action to move forward to a resolution with an interested party on each side of the litigation.’’ Despite having reached this very clear conclusion about the inapplicability of § 52-599, the majority then engages in unnecessary discussion and speculation

### aboutthepoliciesunderlying § 52-599.2

### Althoughnoting that ‘‘there is an incongruence in attempting to directly apply § 52-599 to the facts of the present case, and we do not purport to do so,’’ the majority then continues: ‘‘Nevertheless, if we consider the more general policy implications underlying § 52-599 in conjunction with other statutory authority granted to courts acting on juvenile matters, we conclude that the court in the presentcasehadsufficientauthoritytograntsubstitution.’’
In light of its holding in this appeal, I disagree that it is necessary for the majority to engage in dictum wherein it considers and discusses at length ‘‘the more general policy implications underlying § 52-599 in conjunction with’’ § 46b-121.3 

### ‘‘Dictum includes those discussions that are merely passing commentary

. . . those that go beyond the facts at issue

. . . and those that are unnecessaryto the holding in the case.’’ (Internal quotation marks omitted.) Cruz v. Montanez, 294 Conn. 357, 376–77, 984 A.2d 705 (2009). I conclude that isunnecessaryforustoaddressthemoregeneralpolicy implications underlying § 52-599 given the majority’s clear holding that § 52-599 is inapplicable here. Therefore, the majority’s discussion ofthe purported general policy implications underlying § 52-599, including its interpretation of § 46b-121 in support of those purported implications, is dictum because the discussion is unnecessary to the majority’s holding in this case;
see Vendrella v. Astriab Family Ltd. Partnership, 311 Conn. 301, 318–22, 87A.3d 546 (2014); and I write separately for that reason.

1 I also note that neither party has been given a prior opportunity to address these legal issues.

2 Inparticular, the majoritystates that § 52-599 ‘‘appears to evince asomewhat broader policy consideration that can help to inform our resolution of the issue now before us.’’

3 I respectfully suggest that not only is it unnecessary to go down this road, but also that a better place to look for additional support for the court’s granting ofthe guardian’s motionto substitute is in General Statutes § 52-102 et seq., including §§ 52-102, 52-104, 52-107, 52-108, 52-109, and 52- 111, and in cases applying the principles therein. This court has discussed the principles underlying these statutes in connection with the need to achieve substantialjustice: ‘‘The decision whether to grant a motion for the addition ofapartyto pending legal proceedings rests generallyin the sound discretion ofthe trial court.

. . . Accordingly, [o]ur review

. . . is confined to determining whether the trial court abused its discretion.

. . . Judicial discretion [however]

. . . is always legal discretion, exercised according to the recognized principles of equity.

. . . While its exercise will not ordinarily be interfered with on appeal to this court, reversal is required where the abuse is manifest or where injustice appears to have been done.

. . . In essence, the trial judge’s discretion should be exercised in conformity with the spirit of the law and in a manner to subserve and not to impede

or defeat the ends of substantial justice.

. . . In re Devon B., 264 Conn. 572, 580–81, 825 A.2d 127 (2003); see Lettieri v. American Savings Bank, 182 Conn. 1, 13, 437 A.2d 822 (1980) (decision to grant motion for addition ofparty to pending legal proceedings rests generally in sound discretion of trial court); 1525 Highland Associates, LLC v. Fohl, 62 Conn. App. 612, 619, 772 A.2d 1128 (same), cert. denied, 256 Conn. 919, 774 A.2d 137 (2001). ‘‘General Statutes § 52-102 provides: Upon motion made by any party or nonparty to a civil action, the person named in the party’s motion or the nonparty so moving, as the case may be

. . . shall be made a party by the court ifthatperson is necessary for a complete determination or settlement of any question involved therein

. . . . Pursuant to this statute, the trial court is required to grant a motion to cite in a necessary party. Donner v.Kearse, 234 Conn. 660, 669, 662 A.2d 1269 (1995).

‘‘Our Supreme Court has defined necessary parties as [p]ersons having

an interest in the controversy, and who ought to be made parties, in order thatthe court may act onthat rule whichrequires itto decide on, and finally determine the entire controversy, and do complete justice, by adjusting all the rights involved in it.

. . . In short, a party is necessary if its presence is absolutely required in order to assure a fair and equitable trial.

. . . Biro

v. Hill, 214 Conn. 1, 5–6, 570 A.2d 182 (1990); see also Sturman v. Socha, 191 Conn. 1, 6–7, 463 A.2d 527 (1983).’’ (Internal quotation marks omitted.) Housing Development Fund, Inc. v. Burke Real Estate Management, LLC, 155 Conn. App. 451, 460–61, 109 A.3d 1003 (2015). In re Devon B

. was an appeal from ajudgment in a neglect case, where theissuewaswhethertheDepartmentofMentalRetardationwasanecessary party. The Supreme Court expressed apolicythat is equally applicable here: ‘‘The necessarypartiesrules originatedin equityandexpressedtheprinciple that a court of equity, once it undertook a case, would not do justice by halves but would seek to clean up the whole controversy.

. . . Because under the facts ofthis case, the department of mental retardation’sjoinder is absolutely required in order to assure a fair and equitable result

. . . the trial court abused its discretion in denying the respondent’s motion to cite in that department as a party.’’ (Citations omitted; internal quotation marks omitted.) In reDevonB., supra, 264 Conn. 586. Indeed, I also note that this is not the first time that a guardian has been substituted as a petitioner in

apending termination ofparental rights case. See In reBrian T., 134 Conn. App. 1, 5–6, 38 A.3d 114 (2012) (court granted motion to substitute child’s guardians for mother as petitioners in termination ofparental rights action, who then filed amended petition). Finally, I look at the direction set forth in General Statutes § 45a-706, which provides in relevant part: ‘‘The provisions of sections

. . . 45a-715 to 45a-718, inclusive

. . . shall be liberally construed in the best interests ofanychildforwhomapetitionhasbeenfiledundersaidsections.’’ Because I agree with the majority’s reliance on both § 45a-715 and our decision in In re QuamaineK., Jr., 164 Conn. App. 775, 794, A.3d , cert. denied, 321 Conn. 919, A.3d (2016), I believe the foregoing statutory authority providedby§§ 45a-706,45a-715, and52-102 etseq.,takenasawhole,provides

more relevant support for the otherwise proper result reached by the majority.