Legal Opinion

Santagate v. Tower

Massachusetts Appeals Court

Decided August 25, 2005No. 03-P-1593PublishedCited by 114 opinions

1Opinion of the CourtCelinas, J.

We consider in this appeal whether a judge in the Probate and Family Court abused her discretion in denying the *325mother’s two claims: (1) a claim under Mass.R.Dom.Rel.P. 60(b)(6) (1975) to modify a divorce decree, and (2) a claim for equitable restitution from the father for amounts she paid in support of their children during their minority. We affirm in part and reverse in part.

The uncontested facts presented at trial are these: Mary Jayne Santagate (mother) and Leo David Tower (father) were married on June 13, 1964. Between 1965 and 1968, the couple had three children. In May, 1972, the…

2Cases cited37 opinions

  1. Precision Instrument Manufacturing Co. v. Automotive Maintenance MacHinery Co.Supreme Court of the United States · 1945
  2. Salamon v. TerraMassachusetts Supreme Judicial Court · 1985
  3. Trustees of the Stigmatine Fathers, Inc. v. Secretary of Administration & FinanceMassachusetts Supreme Judicial Court · 1976
  4. Community Builders, Inc. v. Indian Motocycle Associates, Inc.Massachusetts Appeals Court · 1998
  5. In the Matter of MoeMassachusetts Supreme Judicial Court · 1982

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3Cited by114 opinions

  1. Harrington v. American AirlinesCourt of Appeals for the First Circuit · 2007
  2. Tomasella v. The Hershey Co.Court of Appeals for the First Circuit · 2020
  3. In re General Motors LLC Ignition Switch LitigationDistrict Court, S.D. New York · 2017
  4. Fernandes v. HavkinDistrict Court, D. Massachusetts · 2010
  5. Shaulis v. Nordstrom Inc.District Court, D. Massachusetts · 2015

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