Coady v. Stack

(Concurring in part and Dissenting in part) I agree that the trial judge’s failure to conduct a full evidentiary hearing on the plaintiffs motion for an assessment of triple damages constituted clear and prejudicial error, and I join in the order vacating the default judgment and returning this case to the trial court for further proceedings. I respectfully dissent, however, from the majority’s decision to restrict such proceedings to a hearing for the assessment of damages, for the record in this case compels the conclusion that the motion judge abused his discretion in precluding a trial on…