DiDONATO v. MOSHER


1996 Mass. App. Div. 135 (1996)

Marc DiDonato, and another v. Paul Mosher

Massachusetts Appellate Division, Northern District.

August 15, 1996.


Attorney(s) appearing for the Case

Michael J. Baldassarre for the plaintiffs.

No appearance or argument for the defendant.

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


Merrick, J.

This is a Dist./Mun. Cts. R. A. D. A., Rule 8A appeal by the plaintiffs of the dismissal of their action for insufficient service of process, and of the court's refusal to designate such dismissal as "without prejudice."

On August 4, 1995, the plaintiffs filed this action to recover damages for the defendant's allegedly faulty inspection of their home. Three days later, on August 7, 1995, a constable served a summons and a copy of the complaint...

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