Essex Savings Bank v. Frimberger

The defendant John T. O’Reilly appeals following the trial court’s entry of a summary judgment against him on the plaintiff’s complaint and on his special defenses.

In its complaint, the plaintiff sought foreclosure of a real estate mortgage and other relief, including a deficiency judgment. In its judgment, the trial court decreed that the “case may proceed on the other issues as provided by law.” The trial court has yet to determine the amount of the debt, the attorney’s fees-, or even whether the foreclosure shall be strict or by sale.

The record before us gives no indication as to why the…