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E.N.O. v. L.M.M

429 Mass. 824 (1999)

E.N.O. v. L.M.M.

Supreme Judicial Court of Massachusetts, Suffolk.

June 29, 1999.

Attorney(s) appearing for the Case

Elaine M. Epstein & Gary Owen Todd (Rosemarie Haigazian with them) for the defendant.

E. Oliver Fowlkes & Mary L. Bonauto (Honora Kaplan with them) for the plaintiff.

Bettina Borders (Dana Alan Curhan with her) for the child.

Gretchen Van Ness & Pauline Quirion, for Greater Boston Legal Services & others, amici curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, FRIED, MARSHALL, & IRELAND, JJ.

ABRAMS, J.

A single justice of the Appeals Court allowed the defendant's, L.M.M.'s, petition pursuant to G. L. c. 231, § 118, to vacate a temporary visitation order issued by the Probate Court, reasoning that C.M. v. P.R., 420 Mass. 220 (1995), controlled. The plaintiff, E.N.O., petitioned a single justice of this court, pursuant to G. L. c. 211, § 3, to reinstate visitation pending a trial on the merits...

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