SNELL v. McSHERRY


1993 Mass. App. Div. 205 (1993)

Charles A. Snell vs. James C. McSherry, and another

Massachusetts Appellate Division, Western District.

November 3, 1993.


Attorney(s) appearing for the Case

Douglas L. Fox for the plaintiff.

George W. Watts for the defendants

Present: Gelinas, LoConto & Brennan, JJ.


Gelinas, J.

This appeal presents the issue of whether a Trial Judge erred in failing to strike a defendant's motion to amend judgment, purportedly brought under M.R. Civ. P. Rule 59(e), where in substance the motion sought to correct clerical errors only, an issue properly raised by motion for relief from judgment or order under Rule 60(a). Where a judgment requires judicial amendment, the time for filing a draft report under Dist./Mun. Cts. R. Civ. P., Rule 64(c...

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