KILEY v. GLYNN


2004 Mass. App. Div. 183 (2004)

John A. Kiley and Jane E. Kiley v. William Glynn, doing business as Glynn Construction, and Glynn Bacon Realty, LLC and Clinton Savings Bank

Massachusetts Appellate Division, Western District.

November 16, 2004.


Attorney(s) appearing for the Case

Steven Gordon for the plaintiffs/appellants.

Timothy Ribley for the defendants/appellees.

Present: LoConto, P.J., Ripps & Koenigs, JJ.


LoConto, P.J.

Aggrieved by the trial judge's allowance of the appellee's motion to vacate a default judgment and the failure to award damages of diminution in value, the appellants, John A. Kiley and Jane E. Kiley, filed this Expedited Appeal. Our resolution of the first issue on appeal alleviates the necessity to address the latter. Those facts necessary to the understanding of the issues, taken from the record and the Summary of Undisputed Facts, are as follows...

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