Posts tagged "1114116"

ZVI Construction Company, LLC v. Levy, et al. (Lawyers Weekly No. 11-141-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   15-P-359                                        Appeals Court   ZVI CONSTRUCTION COMPANY, LLC  vs.  FRANKLIN LEVY & another.[1]     No. 15-P-359.   Suffolk.     January 12, 2016. – October 6, 2016.   Present:  Kafker, C.J., Cohen, & Blake, JJ.     Notice, Timeliness.  Conversion.  Evidence, Privileged communication.  Privileged Communication.  Waiver.  Attorney at Law, Attorney-client relationship.  Practice, Civil, Notice of appeal, Appeal, Complaint, Waiver.  Fraud.       Civil action commenced in the Superior Court Department on January 28, 2013.   A motion to dismiss, a motion to strike, and a motion to compel discovery were heard by Christine M. Roach, J.; the remaining issues were heard by Janet L. Sanders, J., on motions for summary judgment; and entry of separate and final judgment was ordered by Kenneth W. Salinger, J.     Richard E. Briansky for the plaintiff. Christopher R. O’Hara (Ian J. Pinta with him) for the defendants.     COHEN, J.  The plaintiff, ZVI Construction Company, LLC (ZVI), brought suit against the defendants, Attorney Franklin Levy and the law firm of Lawson & Weitzen, LLP (L & W), claiming that they had engaged in misrepresentation and other wrongdoing in connection with a mediated settlement between ZVI and the defendants’ clients:  The Upper Crust, LLC, and its affiliated entities (collectively, The Upper Crust), and two of its principals, Brendan Higgins and Joshua Huggard.  As a result of orders entered by two different Superior Court judges, all of ZVI’s claims against the defendants were dismissed, and ZVI filed a notice of appeal.  Despite the fact that ZVI’s notice of appeal was filed before the entry of a separate and final judgment and, hence, was premature, we exercise our discretion to decide this matter.  After consideration of the arguments presented, we affirm. Background.[2]  Except where indicated, the following facts are not in dispute.  Brendan Higgins, Joshua Huggard, and Jordan Tobins were members and managers of numerous limited liability companies operating a small chain of pizzerias known as The Upper Crust.  On April 5, 2012, Higgins, Huggard, and The Upper Crust, all of whom were represented by Levy and his firm, L & W, filed a civil lawsuit against Tobins.  In or around July, 2012, a settlement was reached in that action and documented in a memorandum of understanding (Tobins MOU).  The Tobins MOU provided, inter alia, as follows: “Tobins will pay or cause to be paid, by cash, bank check or […]

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Posted by Massachusetts Legal Resources - October 6, 2016 at 7:10 pm

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