Honer v. Wisniewski

This appeal challenges a District Court judge’s allowance of the defendant’s motion, styled “motion for relief from judgment and for equitable relief.” On appeal to the Appellate Division of the District Court (second appeal), the judge’s order on the motion was affirmed.1 As the motion was not timely filed, we reverse.

Hazel Honer and Sandra Wisniewski, mother and daughter, respectively, lived together in Wisniewski’s house for about five years, from 1985 to 1990. During those years Honer periodically provided Wisniewski with funds. The money, determined at trial to be $31,500, was used by…