Legal Opinion

M.C.D. v. D.E.D.

Massachusetts Appeals Court

Decided September 23, 2016No. 15-P-1537PublishedCited by 5 opinions

1Opinion of the CourtHanlon, J.

In this cross appeal, the Commissioner of Probation (commissioner) appeals from an order of a Probate and Family Court judge to expunge a G. L. c. 209A abuse prevention order (209A order) entered against the defendant. The commissioner challenges the judge’s findings that the plaintiffs allegations of *338abuse were knowingly false and constituted a fraud on the court, as explained in Commissioner of Probation v. Adams, 65 Mass. App. Ct. 725, 729-730 (2006). We agree that the judge’s subsidiary findings were insufficient to support her ultimate finding of fraud on the court, and we vacate the…

2Cases cited8 opinions

  1. Rockdale Management Co. v. Shawmut Bank, N.A.Massachusetts Supreme Judicial Court · 1994
  2. Vaccaro v. VaccaroMassachusetts Supreme Judicial Court · 1997
  3. Department of Revenue v. Mason M.Massachusetts Supreme Judicial Court · 2003
  4. Commissioner of Probation v. AdamsMassachusetts Appeals Court · 2006
  5. Wojcicki v. CaragherMassachusetts Supreme Judicial Court · 2006

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. B.C. v. F.C.Massachusetts Appeals Court · 2016
  2. J.S.H. v. J.S.Massachusetts Appeals Court · 2017
  3. K.D. v. J.D.Massachusetts Appeals Court · 2017
  4. M.M. v. DoucetteMassachusetts Appeals Court · 2018
  5. Xarax X. v. Yale Y.Massachusetts Appeals Court · 2023

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