X.Z. v. H.D.

A judge of the Superior Court dismissed, without prejudice, a complaint brought by X.Z. against his wife, H.D. The motion judge dismissed the case on the basis that the complaint was a restatement of an action previously filed in 2014. See Mass. R. Civ. P. 12 (b) (9), as amended, 450 Mass. 1403 (2008). We affirm.

" Rule 12(b)(9) provides for the dismissal of a second action in which the parties and the issues are the same as those in a prior action still pending in a court of this Commonwealth. The rule prohibits the long-barred practice of claim-splitting." (Footnote omitted.) Lyons v.…