In Thornton v. Jacobs, the Connecticut Supreme Court had before it the issue of whether the Appellate Court has the authority to dismiss an appeal as "frivolous" before the appellant has even filed its appellant brief. The case arises from a lawsuit in Florida about a property dispute.

A potential witness in the Florida case resides in Connecticut. The defendants in the Florida case served a subpoena on the witness in Connecticut, seeking to take her deposition. The witness filed a motion to quash, and the Florida defendants filed a motion enforce the subpoena. The trial court denied the motion to quash, granted the motion to compel and ordered the witness to appear for the deposition. The witness, represented by a prominent Connecticut law firm, exercised her statutory right to appeal the order to the Appellate Court.