Bailey v. Sabatini

The defendant seeks review of the denial of his Mass. R Civ. P., Rule 60 (b), motion for relief from judgment. The defendant was defaulted upon his failure to appear and defend at trial. Following default, judgment was entered in the sum of $4,728.50, plus prejudgment interest and costs. Specifically, the defendant contends that due to an error by the trial court clerk’s office, he never received notice of either the assignment of a trial date, or the entry of judgment against him.

We determine that in the circumstances of this case, the defendant’s claim of a lack of notice, neither refuted,…