Legal Opinion
Amidon v. Reid
Massachusetts District Court, Appellate Division
Decided March 2, 2000PublishedCited by 2 opinions
1Opinion of the CourtWelsh, J.
The plaintiff appeals, agreeable to Rule 8B, Dist./Mun. Cts. R.A.D.A., the motion judge’s allowance of a motion to dismiss by reason of failure to effect service upon the defendant or her legal representative within the time permitted by law. Rule 12(b) (5) and Rule 4(j), Mass. R. Civ. P.
We determine that there was prejudicial error. We vacate the order dismissing the action, and remand the case to the Brockton District Court for issuance of process to Arbella Insurance Company as insurer for Cheryl Reid.
The pertinent facts, as gleaned from the statement of agreed facts and from other…
2Cases cited9 opinions
- Darcy v. HARTFORD INS. CO. ROYAL GLOBE INS. CO.Massachusetts Supreme Judicial Court · 1990
- Caissie v. City of CambridgeMassachusetts Supreme Judicial Court · 1944
- Chandler v. DunlopMassachusetts Supreme Judicial Court · 1942
- Fiduciary Trust Co. v. MishouMassachusetts Supreme Judicial Court · 1947
- Richardson v. Lee Realty Corp.Massachusetts Supreme Judicial Court · 1974
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3Cited by2 opinions
- Advanced Spine Centers, Inc. v. Pilgrim InsuranceMassachusetts District Court, Appellate Division · 2010
- Nicholas Family Restaurant, Inc. v. MitryMassachusetts District Court, Appellate Division · 2005