Lowery v. M.B.T.A.

This is an appeal from the denial of plaintiffs Mass. R. Civ. R, Rule 60(b) motion to vacate the dismissal of her claim.

The question raised in this appeal is whether the judge committed an abuse of discretion in disallowing the plaintiffs motion to vacate the dismissal. Luke v. Petrosino, 1981 Mass. App. Div. 128. There was no error.

The docket sheet indicates that the plaintiffs case was “Non-Suited” at trial on January 26, 1994. A notation following the entry reads “no motion to continue allowed (notice sent).” Plaintiffs motion to vacate the dismissal was filed on January 23, 1995.

Plaintiffs…