Legal Opinion

Maloney v. Maloney

Massachusetts District Court, Appellate Division

Decided December 3, 2004PublishedCited by 5 opinions

1Opinion of the CourtRipps, J.

The plaintiff filed this appeal pursuant to Dist./Mun. Cts. R. A. D. A, RuleSA, from the allowance of the defendants Motion to Dismiss for Mure to effectuate timely service of process pursuant to MRCP 4 ©.

The plaintiff is the defendants daughter. On June 7,1999, while she was house/ dog sitting for him, his dog bit her. She filed this action on June 7,2002. The plaintiffs first attempt at service on the defendant, who then lived in Viera, Florida, was on October 15, 2002, 130 days after the filing date. The plaintiff did not file a motion to extend the time for service pursuant to MRCP, Rule…

2Cases cited10 opinions

  1. Fannie R. Braxton v. United States of America and Department of Health & Human ServicesCourt of Appeals for the Third Circuit · 1987
  2. Shuman v. Stanley WorksMassachusetts Appeals Court · 1991
  3. Brown v. QuinnMassachusetts Supreme Judicial Court · 1990
  4. Commissioner of Revenue v. CarriganMassachusetts Appeals Court · 1998
  5. Davis-Wilson v. Hilton Hotels Corp.District Court, E.D. Louisiana · 1985

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3Cited by5 opinions

  1. DeAndrade v. Schottenstein Bernstein Capital Group, Inc.Massachusetts District Court, Appellate Division · 2006
  2. Asfour v. Brinda Realty TrustMassachusetts District Court, Appellate Division · 2009
  3. Discover Bank v. RinnMassachusetts District Court, Appellate Division · 2013
  4. Saunders v. Norwood Dodge Sales, Inc.Massachusetts District Court, Appellate Division · 2006
  5. Zophin & Keith, P.C. v. SidellMassachusetts District Court, Appellate Division · 2015

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