Melo v. Villarcon

Williams, PJ.

The plaintiff, Carlos R. Melo (“Melo”), brought this summary process action to establish his right to possession of a house in Randolph occupied by the defendant, Mirlene Villarcon (“Villarcon”), after he bought that house at a foreclosure sale. Melo also sought use and occupancy payments. Melo prevailed on his motion for summary judgment for possession, and the motion judge subsequently allowed Melo’s motion under Mass. R. Civ. P., Rule 54(b), for separate and final judgment, while expressly talcing no action on Villarcon’s counterclaims. Although the complex history of this…