BANK OF BOSTON v. BLOOMENTHAL


1992 Mass. App. Div. 234 (1992)

Bank of Boston vs. Robert T. Bloomenthal

Massachusetts Appellate Division, Northern District.

December 7, 1992.


Attorney(s) appearing for the Case

Charles E. Boyce for the plaintiff.

Diane M. Shields for the defendant.

Present: Sherman, P.J., Forte & Merrick, JJ.


Forte, J.

This is an appeal by the plaintiff from the trial court's Dist./Mun. Cts. R. Civ. P., Rule 4(j) dismissal "with prejudice" of this action in contract.

The action was commenced by complaint filed on March 23, 1989. No return of service was filed for ten months. On January 23, 1990, the court dismissed the action without prejudice pursuant to Dist./Mun. Cts. R. Civ. P., Rule 4(j).1

On January 25, 1990, a return...

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