Mooney v. Warren

The defendant, Setti D. Warren, appeals from an order of a judge of the Superior Court that denied his motion, filed pursuant to Mass.R.Civ.P. 12(b)(6) and (9), 365 Mass. 754 (1974), to dismiss the plaintiff’s complaint. His motion claimed that a prior order in the Federal court that denied the plaintiff’s motion to amend her complaint to add claims there against the defendant in his individual capacity barred the plaintiff’s claims here as res judicata. Because we consider his appeal premature, we dismiss it.

Background. In brief, on or about March 15, 2013, the plaintiff, Jeanne Sweeney…