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State Courts -
Massachusetts - February 14, 2006
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Gianopoulos v. Clerk-Magistrate of the Attleboro Div. of the Dist. Court, SJC-09640,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, February 14, 2006, Decided
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Overview: Claimant was unable to show the absence of an adequate alternative remedy from dismissal of his personal injury suit, so relief was unavailable under Mass. Gen. Laws ch. 211, § 3. Claimant did not assert that he was unable to adequately obtain review of the dismissal, and, in fact, he had filed a timely notice of appeal from that dismissal.
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Hurton v. Puorro, Docket Number: 01-1617,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 14, 2006, Decided
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Overview: County sheriff, Commonwealth, and individual's summary judgment motion was granted as an owner's claims against them were time-barred under Mass. Gen. Laws ch. 260, § 3A as they were filed more than three years after they accrued. Further, the owner's claim was derivative of maker's claim, which had been held to be void and unenforceable.
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Klingel v. Reill, SJC-09536,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, February 14, 2006, Decided
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Overview: Under Mass. Gen. Laws ch. 209D, § 2-205(a)(1), the probate and family court had jurisdiction to enforce a child support order and find a former husband in contempt, even though all parties had lived outside Massachusetts for a period of time, because at the time of the wife's complaint for contempt, she and children resided in Massachusetts.
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Russ Dev., Inc. v. Cipriano, Docket Number: 2004-00676,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 14, 2006, Filed
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Overview: Since a corporation did not state that it would not obey a notice of deposition or that it would not permit the deposition to be taken, rather, counsel said that the deponent should not be required to appear twice, the attorney's motion to dismiss a legal malpractice action under Mass. R. Civ. P. 37(d) was denied.
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