ALMANZAR v. RIVERA


2004 Mass. App. Div. 35 (2004)

Elizabeth Almanzar, and another v. Jose Rivera

Massachusetts Appellate Division, Northern District.

March 10, 2004.


Attorney(s) appearing for the Case

Maureen Kelleher for the plaintiffs.

David L. Joyce for the defendant.

Present: Merrick, P.J., Coven & Jennings, JJ.


Coven, J.

The defendant was defaulted, pursuant to Mass. R. Civ. P., Rule 33, for failing to answer interrogatories. The plaintiffs thereafter requested a hearing to assess damages. On the day of the scheduled hearing, the defendant called the motion judge's attention to the demand for a jury trial he made in connection with his answer to the plaintiffs' complaint, and asserted his right to a jury trial on the question of damages. The motion judge denied the defendant...

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