CESAR v. SUNDELIN

No. 11-P-351.

81 Mass. App. Ct. 721 (2012)

MARINA W. CESAR v. RICHARD R. SUNDELIN.

Appeals Court of Massachusetts, Barnstable.

May 4, 2012.


Attorney(s) appearing for the Case

Russell J. Redgate for the husband.

Michael I. Flores for the wife.

Present: GRAHAM, RUBIN, & MILKEY, JJ.


MILKEY, J.

The question raised by this appeal is whether — in dividing a marital estate that includes a family business — a judge of the Probate and Family Court has the authority to enjoin the party that no longer will have any ownership in the business from operating a competing business. We hold that a probate judge does have such authority and therefore remand this matter for further proceedings.

Background. In the context of a divorce...

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