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JML CARE CENTER, INC. v. BISHOP

2004 Mass. App. Div. 63 (2004)

JML Care Center, Inc. d/b/a JML Care Center v. Jodee P. Bishop, executrix of the will of Ruth S. Hervey

Massachusetts Appellate Division, Southern District.

March 31, 2004.

Attorney(s) appearing for the Case

Albert L. Schultz for the plaintiff.

Jerome J. Forman for the defendant.

Present: Welsh, Dawley & Barrett, JJ.

Barrett, J.

Initially, the plaintiff nursing home (JML), alleging breach of contract, sued Ruth S. Hervey (Hervey), a patient, for the balance due for her daily charges. Subsequently, Hervey died, and Jodee P. Bishop (Bishop), the executrix of Hervey's will, was substituted as the defendant. After trial, the trial judge found in favor of Bishop and ordered the complaint dismissed. JML appeals under Dist./Mun. Cts. R. A. D. A., Rule 8C. We affirm the trial judge's...

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