Legal Opinion
Wilkinson v. Guarino
Massachusetts Appeals Court
Decided April 22, 1985PublishedCited by 26 opinions
1Opinion of the Court
The plaintiffs appeal from the denial of two motions for relief from a judgment dismissing their action for failure to prosecute. See Mass.R.Civ.P. 60(b), 365 Mass. 828 (1974). We reverse because, in the circumstances, we consider dismissal too severe a sanction.
The complaint, filed on May 21,1981, alleged that the defendant Battista Guarino (Guarino) had agreed to release one lot of land, containing one third of an acre, from mortgages Guarino held on a sixty-nine acre tract owned by Robert J. Wilkinson (Wilkinson) so that Wilkinson could build a house on the lot. A release was executed by…
2Cases cited15 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Berube v. McKesson Wine & Spirits Co.Massachusetts Appeals Court · 1979
- Tyrone SILAS, Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1978
- Commonwealth of Puerto Rico v. The Ss Zoe Colocotroni, Her Engines, Appurtenances, Etc.Court of Appeals for the First Circuit · 1979
- Russell Blois, in His Own Behalf and in Behalf of All Others Similarly Situated v. Elmer O. Friday, Chairman, Florida Industrial Relations CommissionCourt of Appeals for the Fifth Circuit · 1980
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3Cited by26 opinions
- Scannell v. Ed. Ferreirinha & Irmao, Lda.Massachusetts Supreme Judicial Court · 1987
- Chu Tai v. City of BostonMassachusetts Appeals Court · 1998
- Grubert v. GrubertMassachusetts Appeals Court · 1985
- National Grange Mutual Insurance v. WalshMassachusetts Appeals Court · 1989
- Springfield Redevelopment Authority v. GarciaMassachusetts Appeals Court · 1998
21 more not listed; retrieve them via the Exa API.