MISCHLER v. BURNES


1998 Mass. App. Div. 52 (1998)

David Mischler v. Shawn Burnes, and another

Massachusetts Appellate Division, Southern District.

March 9, 1998.


Attorney(s) appearing for the Case

Frank A. Marinelli for the plaintiff.

Richard J. Fallon for the defendants.

Present: Aguiar, P.J., Welsh & Crimmins, JJ.


Crimmins, J.

This appeal concerns the denial of defendants/appellants' motion for relief from judgment brought under Dist./Mun. Cts. R. Civ. P., Rule 60(b) (1). Plaintiff David Mischler initiated an action in contract against defendants Shawn Burnes and Peggy Burnes (the "Burnes") on an unpaid bill, and the court found for him after the defendants' default and a subsequent hearing on damages.

The parties had contracted for plaintiff Mischler to lay carpet...

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