Frank v. Fowler

Burnes, Nonnie S., J.

INTRODUCTION

After prevailing against the plaintiffs in a jury-waived trial before this court, the defendants sought the reasonable costs and fees arising from the defense of this action. The defendants moved pursuant to G.L.c. 261 and Mass.R.Civ.P. 54, and pursuant to G.L.c. 231, §6F. Upon consideration of the pleadings, the evidence from the jury-waived trial, and the hearing on the motions, the court denied the defendants’ motion for G.L.c. 261 costs and allowed the defendants’ motion for G.L.c. 231, §6F, costs. In addition to allowing the defendants’ G.L.c. 231, §6F,…