E.N.O. v. L.M.M.

A single justice of the Appeals Court allowed the defendant’s, L.M.M.’s, petition pursuant to G. L. c. 231, § 118, to vacate a temporary visitation order issued by the Probate Court, reasoning that C.M. v. P.R., 420 Mass. 220 (1995), controlled. The plaintiff, E.N.O., petitioned a single justice of this court, pursuant to G. L. c. 211, § 3, to reinstate visitation pending a trial on the merits. Distinguishing the C.M. case, the single justice allowed the request. The defendant then filed this appeal. We affirm.

The issue, one of first impression, is whether the facts war*825rant the Probate…