Legal Opinion

Foley Realty Group, Inc. v. Estate of Antone

Massachusetts District Court, Appellate Division

Decided May 21, 2004Published

1Opinion of the CourtWilliams, J.

Of several issues raised by these cross-appeals, we need address only one: whether the District Court had subject matter jurisdiction of this civil one-trial action, in which the plaintiff, Foley Realty Group, Inc. d/b/a Foley Real Estate (“Foley”), sought a real-estate commission of $26,500.00 for the sale of land in Falmouth. Because the damages set out on the Statement of Damages form when the case was filed exceeded the $25,000.00 jurisdictional limit of District Court, the trial court lacked subject-matter jurisdiction of this case. The default judgment entered in favor of Foley is void,…

2Cases cited6 opinions

  1. ROPT Ltd. Partnership v. KatinMassachusetts Supreme Judicial Court · 2000
  2. Jamgochian v. DierkerMassachusetts Supreme Judicial Court · 1997
  3. Jensen v. DanielsMassachusetts Appeals Court · 2003
  4. McCracken v. Sears, Roebuck & Co.Massachusetts Appeals Court · 2001
  5. Bussell v. Putnam Furniture OutletsMassachusetts Appeals Court · 2003

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