Kubic v. Audette

KUBIC vs. AUDETTE, MISC 13-480929

VINCE KUBIC and PAUL KUBIK, Plaintiffs, v. DAVID AUDETTE, Defendant

MISC 13-480929

JULY 16, 2021

WORCESTER, ss.

ROBERTS, J.

MEMORANDUM OF DECISION AND ORDER ON REMAND

INTRODUCTION

This matter is before the court on remand from the Appeals Court after its decision in Kubic v. Audette, 98 Mass. App. Ct. 289 (2020) ("Kubic"). In that decision, the Appeals Court concluded (1) that the plaintiffs, Vince Kubic and Paul Kubik (together, "Plaintiffs" and individually, "Vince" and "Paul," respectively), not defendant David Audette ("Audette"), [Note 1] own the fee in the…