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OWENS v. MUKENDI

No. 04-P-666.

64 Mass. App. Ct. 820 (2005)

HENRY F. OWENS, THIRD v. ILUNGA J. MUKENDI & another.

Appeals Court of Massachusetts, Suffolk.

October 21, 2005.

Attorney(s) appearing for the Case

John J. Barter for the plaintiff.

Neal A. Rosen for the defendant.

Present: Kantrowitz, Doerfer, & Cohen, JJ.

DOERFER, J.

After a default judgment entered in July of 1998, the defendant filed a motion to vacate judgment under Mass.R. Civ.P. 60(b), 365 Mass. 828 (1974), in October, 2001, which was allowed.2 We reverse on the grounds that the filing of the motion was not timely.

Procedural facts. The complaint in this matter was filed on November 21, 1997. The plaintiff alleged,...

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