Posts tagged "1001817"

Bishay, et al. v. Clerk of the Superior Court on Norfolk County (Lawyers Weekly No. 10-018-17)

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SJC-12153

BAHIG BISHAY & others[1]  vs.  CLERK OF THE SUPERIOR COURT IN NORFOLK COUNTY.

January 23, 2017.

Mandamus.  Clerk of Court.  Judgment, Implementing settlement agreement.  Practice, Civil, Action in nature of mandamus, Entry of judgment.

Bahig Bishay commenced an action in the Superior Court, bringing various claims against National Investigations, Inc., and its principals, Glenn Gillis and Garry Gillis (collectively, National); Harvard 45 Associates, LLC, and its principals, Harold Brown and Enrique Darer (collectively, Harvard); and Allied Finance Adjusters Conference, Inc. (Allied), arising from Bishay’s eviction from his home.  More particularly, Bishay sought damages on various theories for the removal and storage of his personal property in the course of the eviction.  Allied’s motion to dismiss the claims against it was allowed, as was Harvard’s motion for summary judgment as to both the claims against it and a counterclaim it asserted against Bishay.  Bishay and National thereafter reported that they settled their dispute, and they moved for entry of final judgment.  Harvard and Allied opposed the motion, and a judge in the Superior Court denied it.  Bishay again moved for entry of final judgment.  Harvard and Allied opposed that motion, and a different judge denied it.  Bishay and National (collectively, petitioners) jointly filed a petition in the county court seeking relief in the nature of mandamus pursuant to G. L. c. 211, § 3, and G. L. c. 249, § 4, specifically requesting that the clerk of the Superior Court be ordered to enter final judgment as the petitioners proposed.  Harvard moved to intervene and filed an opposition, joined by Allied, in which it argued that the proposed judgment was collusive and fictitious, adverse to the interests of Harvard and Allied, and contrary to the prior ruling on summary judgment.[2]  A single justice of this court denied relief without a hearing.  The petitioners appeal. read more

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Posted by Massachusetts Legal Resources - January 23, 2017 at 10:07 pm

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