Murray v. Super (Lawyers Weekly No. 11-022-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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 14-P-518 Appeals Court DAWN MICHELLE MURRAY vs. JONATHAN S. SUPER. No. 14-P-518. Worcester. December 2, 2014. – March 16, 2015. Present: Cypher, Wolohojian, & Blake, JJ. Divorce and Separation, Child custody, Child support, Modification of judgment. Minor, Custody. Parent and Child, Custody, Child support. Complaint for divorce filed in the Worcester Division of the Probate and Family Court Department on January 30, 2009. After consolidation, complaints for modification, filed on July 10, 2012, and October 2, 2013, were heard by Lucille A. DiLeo, J. Nicholas J. Plante for the mother. Christine D. Anthony for the father. BLAKE, J. The mother, Dawn Michelle Murray, appeals from a judgment of the Probate and Family Court dismissing her complaint for modification, which sought to remove the minor children of the marriage to the State of California. Where the parent seeking to move has primary physical custody of the children, the standard governing removal of the minor children from the Commonwealth requires a determination of whether there is a real advantage to the custodial parent and consideration of the best interests of the children and the interests of both parents. See Yannas v. Frondistou-Yannas, 395 Mass. 704, 710-711 (1985) (Yannas). Where the real advantage to the custodial parent is at odds with the best interests of the children, the children’s interests are paramount. Concluding that the judge below did not err in placing the interests of the children first, we affirm that part of the judgment denying the mother’s request to remove the children to California. The mother also appeals from that portion of the judgment reducing the child support obligation of the father, Jonathan S. Super.[1] We vacate the portion of the judgment related to child support and remand the matter for additional findings on that issue. Background. We summarize the proceedings, setting forth relevant background facts as determined by the judge, supplemented by the record where necessary, and reserving other facts for our later discussion of the issues. The parties were divorced by judgment of divorce nisi on October 24, 2011, after a contested trial. The divorce judgment provided, in pertinent part, that the parties would share legal custody of their three minor children,[2] with the mother having “primary physical custody” and the father having parenting time. When the children are not in […]
Merriam, et al. v. Demoulas Super Markets, Inc., et al. (Lawyers Weekly No. 10-054-13)
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‑11098 DIANA D. MERRIAM & others[1] vs. DEMOULAS SUPER MARKETS, INC., & others.[2] Middlesex. September 6, 2012. ‑ March 27, 2013. Present: Ireland, C.J., Spina, Botsford, Gants, Duffly, & Lenk, JJ. Contract, Implied covenant of good faith and fair dealing. Corporation, By‑laws, Close corporation, Stock, Stockholder, Transfer of shares. Fiduciary. Sale, Of stock. Civil action commenced in the Superior Court Department on July 16, 2010. The case was heard by S. Jane Haggerty, J., on cross motions for judgment on the pleadings, and a motion for reconsideration was considered by her; entry of final judgment was ordered by Garry V. Inge, J. The Supreme Judicial Court granted an application for direct appellate review. Michael Kendall (Kevin M. Bolan & Bridget K. O’Connell with him) for the defendants. Thomas S. Fitzpatrick (Kendra Kinscherf with him) for the plaintiffs. Andrea S. Batchelder, for Arthur T. Demoulas Revocable Trust & others, amici curiae, submitted a brief. DUFFLY, J. Demoulas Super Markets, Inc. (DSM), is a closely held Massachusetts corporation whose stockholders’ dealings with each other,, and with the corporation, have spawned decades of litigation, resulting in four earlier decisions of this court. In the present case, several minority “Class A” stockholders (sellers), whose offer to sell their shares to DSM was rejected, brought an action in the Superior Court seeking, inter alia, a declaration that, consistent with DSM’s articles of organization, the sellers would be “at liberty to dispose of [their shares] in any manner [they] may see fit.” DSM filed counterclaims seeking declarations that the sellers cannot, consistent with their fiduciary duties to DSM and their fellow stockholders, sell their shares to any buyer who would imperil DSM’s status as a Subchapter S corporation (S corporation), and that the sellers are obligated to reoffer their shares to the corporation before selling them to a third party on more favorable terms. On cross motions for judgment on the pleadings, a Superior Court judge declared that the sellers are not bound by fiduciary duty with respect to the disposition of their shares pursuant to the provisions of art. 5 of the articles of organization (art. 5). The judge declared also that, under the terms of art. 5, the sellers need not reoffer their shares to DSM before offering them to a third […]
Super Bowl Kickoff Time and Five Fun Facts about the Big Game
Watching the Super Bowl with friends can leave a lot of us feeling like information haves and have-nots. While some of us have been following the teams, their players, strategy, and statistics since the day we were born, others at least know who the quarterbacks are and that they are the ones who throw the ball. Whether you’re looking to impress the sports nerds in the room with a few of your own facts, or you’re simply a true connoisseur of arguably useless knowledge, here’s some fun trivia for you about Super Bowl 2013. Five Fun Facts About the Super Bowl This year, a 30-second commercial costs $ 4 million, up from 3.5 million last year and $ 42,000 in 1967, according to Time. Football fans are anticipated to consume an estimated 79 million pounds of Hass avocados during Big Game gatherings this year, according to the Hass Avocado Board. If you still think the 1983 season finale of M*A*S*H was the most-watched broadcast in the U.S., think again. The 2010 Super Bowl between the New Orleans Saints and Indianapolis Colts stole that title, only to be beaten exactly one year later when 111 million people tuned in to watch the 2011 Super Bowl between the Green Bay Packers and the Pittsburgh Steelers, according to Nielsen Co. That record was broken again last year when 111.3 million people watched the Giants beat the Patriots, according to ESPN.go.com. Heading into the game, the 49ers are 5-0 in Super Bowls and the Ravens are 1-0 in Super Bowls. Super Bowl XLVII is the first time in professional sports history that siblings will play each other. John Harbaugh coaches the Ravens and Jim Harbaugh coaches the 49ers. So who will come out with the title? Finally, here’s some actual useful knowledge to have heading into Sunday. Who: The Ravens vs. The 49ers Kickoff Time: Sunday, Feb. 3 at 6:30 p.m. ET Where: New Orleans, LA at Mercedes-Benz Superdome Channel: NBC Places to Watch in the South EndThe South End is not exactly known for its sports bar scene. Your best bet is to head to Clery’s (113 Darmouth St.) for their Super Bowl Party, which starts at 1 p.m. on Sunday. They’ve got a deal where $ 15 gets you two drink tickets and a buffet, and there’s also a wings eating contest you won’t want to miss. Other than that, your own home is a grat place to watch the big game. Enjoy your flat screen, that big comfy couch and the company of loved ones. If you’re looking for an interesting take on Super Bowl fare, check out these recipes provided by the owners of some of your favorite Boston food […]