Bannon, Inc. v. Sea-Lake Corp.
Massachusetts District Court, Appellate Division
1Opinion of the CourtMinehan, J.
This case presents an appeal from a denial of a motion for relief from judgment and to vacate execution pursuant to Rule 60(b) (4) of the Dist./ Mun. Cts. R. Civ. P. Through a beneficiary, the Bourne Realty Trust (the Trust) seeks to vacate a judgment entered against it on the grounds that the judgment is void. The Trust argues that plaintiff, Bannon, Inc., failed to perfect service upon the Trust and that the Barnstable District Court never obtained jurisdiction over the Trust.
The motion for relief from judgment and to vacate execution should have been allowed.
The record indicates that no…
2Cases cited2 opinions
- Field v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1984
- Stamas v. LavelleMassachusetts District Court, Appellate Division · 1993