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Domestic relations – Alimony
Where an appellant’s complaint for modification seeking alimony from her former husband was denied, the judge erred in finding no material change of circumstances, so remand must be ordered.
Contract – Illegality – Fees
Where counsel fees were awarded pursuant to an operating agreement, the fee award must be reversed because the operating agreement plainly violates G.L.c. 149, §148.
Landlord and tenant – RAFT funding – Moving fee
Where an appeal has been filed by the defendant tenants in a summary process action, the judgment should be (1) corrected to reflect the landlord's receipt of the $3,240 in Residential Assistance for Families in Transition (RAFT) funding and (2) reversed to the extent that it required the tenants to pay a $500 moving fee.
Real property – Easement – Fence
Where two defendants who have an easement erected a fence on a portion of the plaintiffs’ property subject to the easement, a judgment in favor of the defendants must be vacated because “landscaping” language in the easement did not permit the defendants to erect and maintain the fence.
Criminal – Clerical error – Correction
Where the commonwealth has appealed from an order of a District Court judge correcting the record of the defendant’s conviction, the order must be vacated because the judge abused his discretion in determining, without more, that the record of judgment did not reflect what actually took place.
Civil practice – Commitment – Substance abuse
Where a respondent has challenged a 90-day commitment order for treatment of a “substance use disorder,” the commitment order must be vacated because the evidence did not support a finding that any of the possible risks of harm were caused by the alleged disorder.
Criminal – Science of eyewitness identification
Where a defendant who was convicted of armed assault with intent to murder and assault and battery by means of a dangerous weapon filed a motion for a new trial based on newly discovered evidence, the defendant raised a substantial issue warranting an evidentiary hearing, so the denial of the motion must be vacated and a remand ordered.
Tort – Defamation – SLAPP
Where a plaintiff real estate developer filed a defamation complaint based on an email the defendant sent to the superintendent of the Lynnfield Center Water District, the complaint should have been dismissed under the anti-SLAPP statute because the plaintiff did not show that the defendant’s petitioning activity was devoid of any reasonable factual support or any arguable basis in law.
Domestic relations – Child support – Income
Where a Probate & Family Court judge modified a divorce judgment to alter the amount of child support, a remand is necessary for the judge to recalculate the father’s 2022 and 2023 income consistent with Cavanagh v. Cavanagh, 490 Mass. 398 (2022).
Motor vehicles – Licensure – Notice
Where a defendant was convicted of driving with a revoked license as a habitual traffic offender and driving with a suspended license, the convictions must be reversed because the commonwealth’s evidence was insufficient on the element of notice to the defendant of his licensure status.
Civil practice – Sex offender classification – Dangerousness
Where a Superior Court judge affirmed a plaintiff’s classification by the Sex Offender Registry Board as a Level 2 offender, there is not substantial evidence in the record to support the hearing examiner's finding that the plaintiff poses a moderate degree of dangerousness.
Domestic relations – Alimony – Retirement
Where (1) a Probate & Family Court judge found a divorced defendant not guilty of contempt and (2) the plaintiff has filed an appeal contending that the judge abused her discretion in finding that the defendant did not violate the terms of the parties' merged separation agreement by reducing, and eventually ceasing, “regular” alimony payments upon his retirement, the judge’s decision must be[...]
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
