FIELDS v. LeBRUN


1989 Mass. App. Div. 224 (1989)

Niki Fields vs. Gerald LeBrun

Massachusetts Appellate Division, Southern District.

December 14, 1989.


Attorney(s) appearing for the Case

Victor G. Fields for the plaintiff.

Jeffrey W. Dukess for the defendant.

Present: Shubow, & Dolan, JJ.


Shubow, J.

After the plaintiff's action to recover rent was dismissed on the defendant's motion for failure of the plaintiff to appear for trial, another judge, some two months later, allowed the plaintiff's motion to vacate the order of dismissal upon payment of $600 in counsel fees. The fees were not paid some eight months later when the case was assigned for a pretrial conference. At that point the defendant sought and obtained a dismissal with prejudice. The plaintiff...

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