HAMILTON v. DAWSON

No. 00-P-280.

55 Mass. App. Ct. 437 (2002)

HAROLD V. HAMILTON, executor, v. STEVEN DAWSON.

Court of Appeals of Massachusetts, Middlesex.

July 15, 2002.


Attorney(s) appearing for the Case

John M. Dellea for the defendant.

Michael J. Harris for the plaintiff.

Present: BROWN, KASS, & KANTROWTTZ, JJ.


BROWN, J.

The defendant appeals from an order of a Superior Court judge allowing a postjudgment motion for the return of a medical malpractice tribunal bond to the plaintiff almost two years after the entry of judgment for the defendant on a jury verdict. Although the defendant did not claim payment of the bond until the plaintiff moved for its return, that delay, the defendant argues, did not work a waiver of his right to payment and, as a prevailing defendant in...

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