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MAHONEY v. MAHONEY

No. 04-P-1545.

65 Mass. App. Ct. 537 (2006)

CHRISTOPHER A. MAHONEY v. SHIRLEY A. MAHONEY.

Appeals Court of Massachusetts, Middlesex.

February 15, 2006.

Attorney(s) appearing for the Case

Edward M. Mahlowitz for Shirley A. Mahoney.

Suzanne E. Smith for Christopher A. Mahoney.

Present: Rapoza, Graham, & Katzmann, JJ.

KATZMANN, J.

Shirley A. Mahoney appeals from a judgment of the Probate and Family Court holding her in civil contempt for failing to comply with an earlier order of the court providing for the disposition of the former marital home. She claims that she was denied her right to an evidentiary hearing and that the judge should have granted her motion to dismiss the contempt complaint. We affirm the denial of the motion to dismiss, but we vacate the judgment of contempt...

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