SALTUS v. ABRUZZESE


1981 Mass. App. Div. 22 (1981)

Loring A. Saltus vs. Michael D. Abruzzese

Massachusetts Appellate Division, Western District.

January 26, 1981.


Attorney(s) appearing for the Case

Robert R. Kimball for the plaintiff.

Albert H. Russell, Jr. for the defendant.

Present: McGuane, Walsh & Larkin, JJ.


Larkin, J.

This case raises the issue of whether the failure of a clerk of a court to notify a party of the entry of judgment constitutes a sufficient excuse for that party to be temporarily relieved of the judgment to perfect his appeal on the merits. Stated otherwise, was it an abuse of discretion for the trial judge to deny the defendant's motion for relief from judgment where the sole and undisputed basis for the motion was a clear clerical violation of duty to...

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