Saunders v. Norwood Dodge Sales, Inc.

The defendant-appellant in this matter, Norwood Dodge Sales, Inc. (“Norwood Dodge”), appeals from the allowance of a motion to vacate a dismissal order entered against the plaintiff-appellee, Muriel Saunders (“Ms. Saunders”). Norwood Dodge filed the motion to dismiss the matter under Mass. R. Civ. R, Rule 4(j), on the grounds that Ms. Saunders had failed to serve the complaint on Norwood Dodge within 90 days of the filing date. The issue on appeal is whether the judge abused his discretion by vacating the dismissal order and allowing the case to proceed to trial.

The underlying action arose…