Oakland Heights Mobile Park, Inc. v. Simon

In this summary process action, the defendant appeals from the postjudgment denial of his application for a writ of audita querela.1 The defendant claims that the trial court improperly denied his writ of audita querela because (1) the trial court clerk failed to inform him of the Appellate Court’s decision, and (2) the trial court improperly refused to hear the defendant’s equitable defenses arising out of potential damage to his mobile home if moved from the plaintiffs lot. We affirm the judgment of the trial court.

The record discloses the following facts. On February 8, 1993, the plaintiff…