Eresian v. Merrill Lynch Credit Corporation, et al. (Lawyers Weekly No. 10-145-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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 SJC-12006 EVELYN J. ERESIAN vs. MERRILL LYNCH CREDIT CORPORATION[1] & others.[2],[3] September 12, 2016. Supreme Judicial Court, Superintendence of inferior courts. In the early 1990s, the petitioner, Evelyn J. Eresian, was the defendant in a summary process action in the Housing Court. The Appeals Court affirmed a judgment against Eresian in that action in 1993, and this court subsequently denied Eresian’s application for further appellate review. See Merrill Lynch Equity Mgt., Inc. v. Eresian, 34 Mass. App. Ct. 1125, S.C., 416 Mass. 1104 (1993). In the years since, Eresian has sought repeatedly, and unsuccessfully, to challenge the foreclosure that led to the summary process action. This case represents the latest iteration of those efforts. In 2015, Eresian filed a motion in the Appeals Court seeking to vacate that court’s 1993 decision. The Appeals Court’s response, as noted on its docket, was that “[t]he case is closed as the rescript has issued to the trial court. No action will be taken by the court on this or any future filing in this matter.”[4] Eresian subsequently filed a petition pursuant to G. L. c. 211, § 3, in the county court in which she asked the single justice to require the Appeals Court to review the jurisdictional issue. A single justice denied the petition, and Eresian timely filed a notice of appeal. Her appeal was entered in the full court on November 27, 2015. On January 22, 2016, Eresian asked for and received leave to extend the time for filing her brief to February 29, 2016. After Eresian failed to file her brief on or before that date, the defendants filed a motion to dismiss the appeal. Eresian, in turn, filed several documents in response to the motion to dismiss, including an opposition and a supplemental opposition. She has not yet, however, filed a brief, and we could dismiss her appeal on this basis alone — that she has failed to prosecute the appeal. She would fare no better even if we were to reach the merits. This case was not a proper use of G. L. c. 211, § 3. Eresian has already obtained appellate review of the summary process judgment, and she has not demonstrated that the remedy of ordinary appellate review was inadequate. There is no reason why she could not have raised her current jurisdictional claim in the Appeals […]
Lynch, Markey to Debate Tonight in Lowell
The combatants for the Democratic nomination in the U.S. Senate special election will square off Monday night in Lowell for their second debate leading up to the April 30 primary. Congressmen Edward Markey (D-Malden) and Stephen Lynch (D-South Boston) will participate in the debate being held at 7:30 p.m. at Durgin Hall on the campus of the University of Massachusetts Lowell. The debate is being sponsored by UMass Lowell’s Center for Public Opinion and the Boston Herald. Questions for the debate will be posed by UMass Lowell students while the moderator will be reporter Jaclyn Cashman, according to the university. Markey and Lynch previously met for their first debate March 27 at the Channel 5 studios in Needham. The two candidates agreed to six total debates before the primary. The winner of the April 30 primary will be the Democratic nominee to fill the U.S. Senate seat vacated by U.S. Secretary of State John Kerry. The general election in June 25. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Lynch, Markey Hit the Road, Republicans Get Started
With only days to go before nomination papers are due in the race for U.S. Senate, last week was a busy one for announced and potential candidates looking to fill the seat left vacant by John Kerry’s appointment to Secretary of State. The Republican field lost one prominent candidate, and another generated a bit of controversy. On the Democratic side, Congressmen Edward Markey (D-Malden) and Stephen Lynch (D-South Boston) have been working through their pre-primary debate schedule and campaigning across the state. Democrats Markey and Lynch hit the roadBoth Democratic candidates hit the road again last week from Pittsfield to Salem, meeting with residents and attending fundraisers. Markey had campaign stops in Taunton, Fall River, Lowell and Pittsfield, to name a few. On Thursday, Lynch spoke to the Boston Firefighters Local 718. He also had campaign stops in several communities, including Lynn, Methuen, Peabody and Salem. Jamaica Plain is a territory within the bounds of Lynch’s seat, the MA 8th. On Wednesday, Lynch and Markey signed a deal to limit outside groups from producing ads during the Democratic Primary. The deal is based on a similar pledge signed by Scott Brown and Elizabeth Warren during the 2012 Senate Race. Also last week, Lynch received the endorsement of the 75,000 member Massachusetts Building Trades Council. Markey was endorsed by Daily Kos. Last week also saw a new poll released in the U.S. Senate race. Conducted by WBUR/MassINC, the poll showed Markey holding a slim 38 percent to 31 percent lead over Lynch in the primary, with 26 percent saying they’re still unsure who they will vote for. The poll also showed that either Democratic candidate would hold a lead over a generic Republican. Bielat drops out of Republican primary raceRepublican Sean Bielat said Wednesday that while he thought he could run a strong campaign, the timing wasn’t right for him to run, according to an Associated Press report. He previously ran for Congress twice – against Barney Frank and Joe Kennedy III, who he lost to in November. Bielat had sought donations to run last weekend and even filed a statement of candidacy with the Federal Election Commission. The field of Republican candidates could be crowded if no one pulls out of a potential run and if everyone who pulled papers gets them in by the deadline. Candidates have until Wednesday, Feb. 27 to gather the 10,000 certified signatures needed to appear on the April 30 primary ballot. The special election is June 25. No papers have been submitted as of Feb. 21 according to the Secretary of State’s Office. Already in the running are State Rep. Dan Winslow (R-Norfolk), former Nantucket selectman and county commissioner Douglas Bennett and former Navy Seal […]
Markey or Lynch: Who Would You Vote for Today?
We have a race. On Thursday, U.S. Rep. Stephen Lynch became the second candidate to officially enter the race to fill the Senate seat vacated by new Secretary of State John Kerry, following his fellow Democratic Congressman Ed Markey. Lynch and Markey will now face off in a primary set for April 30 for the right to represent the Democratic Party in the special election on June 25 against a still unknown Republican opponent, as no GOP candidate has officially entered the race yet. Former U.S. Senator Scott Brown fired an early salvo against Markey, but said on Friday that he would not run for Senate. There are differences between Lynch and Markey, despite being members of the same party. Lynch voted against Obamacare, officially called the Patient Protection and Affordable Care Act, while Markey voted for the bill. Lynch also has an anti-abortion stance, although it’s not absolute—Planned Parenthood currently gives him a score of 83 percent to Markey’s 100 percent. The National Right to Life Committee, meanwhile, gave Lynch a score of 10 percent during the last Congressional session, while Markey received a zero. The most recent National Journal rankings from 2011 give Markey a liberal score of 89.2, making him the 41st most liberal member of the House, while Lynch received a liberal score of 72.8, ranking him the 123rd most liberal member of the House. Lynch also touts his union support as a former ironworker who then graduated from law school and later won his current congressional seat in 2001, while Markey, also a lawyer by trade, was first elected to Congress in 1976. Another potential factor is the state’s unenrolled voters, who can choose to cast a ballot in one party’s primary. Over half of Bay State voters are registered as unenrolled, which would allow unenrolled voters who lean right to vote in the Democratic primary for Lynch—or against Markey—if they decide to show up at the polls. During the special Senate election in 2010 between Brown and state Attorney General Martha Coakley, during the height of the Obamacare debate, 54 percent of registered Massachusetts voters turned out. Who would you vote for if the primary were held today: Lynch or Markey? Are you an unenrolled voter and, if so, do you plan to vote in the Democratic primary on April 30? Tell us your plans to vote in the comments below. South End Patch
Lynch Announces U.S. Senate Run on Facebook
While Congressman Stephen Lynch (D-South Boston) isn’t expected to make a formal announcement until later this afternoon, a new Stephen Lynch for Senate Facebook page popped up this morning with a link to a “Stephen Lynch for US Senate Announcement” YouTube video that announces Lynch’s Senate candidacy. Earlier in the morning, the Stephen Lynch for Congress Facebook page had posted a message directing people to the newly created Senate page for news “on today’s plans and schedule.” Lynch is expected to make an announcement at 4 p.m. this afternoon at the Ironworkers Local 7 Hall in South Boston. Lynch would be the second Democrat running for the unexpired term left vacant by John Kerry’s confirmation to Secretary of State earlier this week. Congressman Edward Markey (D-Malden) announced his intentions to run back in late December. While there is still speculation that former Senator Scott Brown (R-Wrentham) is showing interest in the seat, there is no official word if he will jump into the race. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch