Grove North America, Division of Kidde Industries, Inc. v. Arrow Lift & Construction Equipment Co.

MONTEMURO, Judge:

In this Opinion, we are called upon to determine whether the trial court acted within its discretionary powers by requiring appellants, residents of Massachusetts with no assets in this Commonwealth, to post a bond identical to the amount of appellee’s confessed judgment, $202,942.68, within ten days or suffer the penalty of having their petition to open confessed judgment automatically stricken. We reverse.

The relevant facts and procedural history are as follows. On April 12, 1984, appellant, Arrow, granted to Manlift1 a security interest in all inventory, equipment, and…