GIGLIO v. McSHANE


1987 Mass. App. Div. 183 (1987)

Michael J. Giglio vs. John J. McShane, Jr, and others

Massachusetts Appellate Division, Southern District.

October 22, 1987.


Attorney(s) appearing for the Case

Frank P. Conrad for the plaintiff.

Michael D. Ford for the defendants.

Present: Black, P.J., Staff & Silva, JJ.


Staff, J.

In its simplest terms, the issue in this case is whether the trial judge erred in denying defendants' Motion to Remove Default.

No affidavit was filed in support of this motion, see Dist./Mun. Cts. R. Civ. P., Rule 41(e), nor does the report indicate that an evidentiary hearing was held to provide a factual basis for the granting of the motion. The report itself is silent as to any facts forming the basis for the judge's decision. The trial court...

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