SARASOTA, INC. v. MOCERI


1999 Mass. App. Div. 281 (1999)

Sarasota, Inc. v. Alison F. Moceri

Massachusetts Appellate Division, Southern District.

December 2, 1999.


Attorney(s) appearing for the Case

Richard M. Bennett for the plaintiff.

Michael J. McGlone for the defendant.

Present: Wheatley, P.J., Welsh & Creedon, JJ.


Welsh, J.

The plaintiff appeals, pursuant to Rule 8A, Dist./Mun. Cts. R.A.D.A., challenging the court's order denying plaintiff's motion for relief from judgment of dismissal by reason of failure timely to serve the defendant as required by Rule 4(j), Mass. R. Civ. P., 402 Mass. 1401 (1988).

This civil action sought recovery of a deficiency alleged due on a promissory note. The complaint was filed in the New Bedford District Court on July 3, 1998. The return...

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