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KELSO v. KELSO

No. 13-P-694.

86 Mass. App. Ct. 226 (2014)

JEFFREY M. KELSO v. BARBARA KELSO.

Appeals Court of Massachusetts, Middlesex.

September 3, 2014.

Attorney(s) appearing for the Case

A motion to dismiss was heard by Dennis J. Curran , J.

Dana Alan Curhan for the plaintiff.

David H. Locke for the defendant.

Present: KATZMANN, FECTEAU, & MILKEY, JJ.

KATZMANN, J.

This appeal poses the question of the preclusive effect of a divorce judgment on a subsequent action in tort pertaining to related conduct. Following a trial, a Probate and Family Court judge issued a judgment of divorce with respect to the marriage of Barbara Kelso (Barbara) and Jeffrey M. Kelso (Jeffrey) on the basis of the irretrievable breakdown of the marriage.2 About a year later, Jeffrey filed an action in the Superior...

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