W. MASS. ELEC. CO. v. R.H. WHITE CONSTR. CO.


1993 Mass. App. Div. 5 (1993)

Western Massachusetts Electric Company vs. R.H. White Construction Company

Massachusetts Appellate Division, Western District.

January 20, 1993.


LoConto, J.

The issue presented in this appeal is the correctness of the trial judge's (second judge) allowance of the plaintiff's motions to revoke the earlier judge's (first judge) order of dismissal. The first judge allowed the defendant's motion to dismiss the plaintiff's complaint for its failure to timely serve the complaint on the defendant. We rule that the second judge's order to revoke the order of dismissal is an error and order that the dismissal entered...

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