Legal Opinion
Owens v. Mukendi
Massachusetts Appeals Court
Decided October 21, 2005No. 04-P-666PublishedCited by 3 opinions
1Opinion of the CourtDoereer, J.
After a default judgment entered in July of 1998, the defendant filed a motion to vacate judgment under Mass.R. Civ.R 60(b), 365 Mass. 828 (1974), in October, 2001, which was allowed.2 We reverse on the grounds that the filing of the motion was not timely.
*821Procedural facts. The complaint in this matter was filed on November 21, 1997. The plaintiff alleged, in general terms, that he had lent various large sums of money to the defendant over time, which the defendant had failed to repay. The defendant was duly served and failed to file an answer or otherwise plead. As a result, the court issued…
2Cases cited21 opinions
- Hendrickson v. SearsMassachusetts Supreme Judicial Court · 1974
- Bowen v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1990
- Rollins Environmental Services, Inc. v. Superior CourtMassachusetts Supreme Judicial Court · 1975
- Berube v. McKesson Wine & Spirits Co.Massachusetts Appeals Court · 1979
- Pentucket Manor Chronic Hospital, Inc. v. Rate Setting CommissionMassachusetts Supreme Judicial Court · 1985
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3Cited by3 opinions
- Owens v. MukendiMassachusetts Supreme Judicial Court · 2006
- Powell v. StevensMassachusetts Appeals Court · 2007
- Gagnon v. Haddad-SabaMassachusetts Appeals Court · 2018