Fleishman v. Stone

This is an appeal by Jason L. Stone (Stone), the former trustee of Joshua’s Realty Trust, from the denial of his motion, filed on November 10, 2000, under Mass.R.Civ.P. 60(b)(4), 365 Mass. 828 (1974), to vacate a default judgment entered in the Land Court on June 28, 1991. Stone claims that the judgment is void, as he was never personally served and had no notice of the proceedings until August, 2000. We reverse the order of the Land Court denying Stone’s motion and remand for further proceedings.

The default judgment was entered in an action brought by the plaintiff seeking a declaration that…