DiCARLO v. LATTUCA

No. 02-P-500.

60 Mass. App. Ct. 344 (2004)

FRANK DICARLO, JR, & another, executors, v. ROSARIO L. LATTUCA, executor.

Appeals Court of Massachusetts, Middlesex.

January 15, 2004.


Attorney(s) appearing for the Case

Gary S. Matsko for the defendant.

Leon M. Fox for the plaintiffs.

Present: GREENBERG, BERRY, & MCHUGH, JJ.


MCHUGH, J.

Francis DiCarlo (Frank) and Alba Lattuca (Lattuca) were partners in a real estate venture from 1964 until Frank's death in 1977. In 1988, about a year after Lattuca died, Wayne R. DiCarlo (Wayne) and Frank DiCarlo, Jr. (Frank, Jr.), Frank's sons and executors, brought suit against Lattuca's estate for a partnership accounting. After a trial without a jury, a judge of the Superior Court provided the accounting accompanied by findings of fact and conclusions...

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