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Case Information
Filed
2024-06-13
Status
Open
Type
E Filed Sp Specific Performance Of Contracts, G.l. Chapter 185, § 1(k)
Docket
23 entries
Parties
Plaintiff
Perry, Isaac
Defendant
Daniel Wherren, Individually And As The Personal Representative Of The Estate Of Alyce Wherren
Lawyers
Docket Entries
- Verified Complaint eFiled.
- The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Maureen B Murphy, Esq. [email protected] Defendant: Thomas E Sartini, III, Esq. [email protected] Sent On: 06/25/2024 13:03:44
- Land Court miscellaneous filing fee Receipt: 451187 Date: 06/13/2024
- Land Court surcharge Receipt: 451187 Date: 06/13/2024
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Plaintiff's Memorandum in Support of the Motion for Short Order of Notice on the Plaintiff's Motion for Lis Pendens, filed.
- Plaintiff's Motion for Short Order of Notice on the Plaintiff's Motion for Lis Pendens, filed.
- June 13, 2024: Ex parte motion for short order, ALLOWED. A hearing on Plaintiffs' Motion for endorsement of memorandum of Lis Pendens shall be heard on 06/21/2024 at 9:30AM zoom. (Smith, J.) Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Sent On: 06/14/2024 09:34:55
- Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Smith, Hon. Kevin T. Event: Hearing on Lis Pendens Date: 06/21/2024 Time: 09:30 AM
- Appearance of Thomas E Sartini, III, Esq. for Daniel Wherren, individually and as the Personal Representative of the Estate of Alyce Wherren, filed
- Event Resulted: Hearing on Lis Pendens scheduled on: 06/21/2024 09:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding June 21, 2024. Motion hearing held via videoconference. Attorney William Heney appeared for the plaintiff. Attorney Thomas Sartini appeared for the defendant. Before the court was the plaintiff's motion for lis pendens. Attorney Sartini argued that the memorandum of lis pendens should not be granted because the appropriate forum to determine this issue is the Probate Court, which issued a license to sell the property to another buyer. Attorney Heney argued that this action is not a challenge to the license to sell but, rather, an action for specific performance, which is within the jurisdiction of the Land Court. Following argument, the court allowed the motion and scheduled a status conference on July 11, 2024, at 9:30 a.m. The parties should be prepared to address the issue of whether this matter should be litigated in the Probate Court as it is a prior pending action or should remain in the Land Court. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Defendant: Thomas E Sartini, III, Esq. [email protected] Sent On: 06/21/2024 11:58:37
- Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 07/11/2024 Time: 09:30 AM
- Plaintiff's Memorandum of Lis Pendens, filed.
- Memorandum of Lis Pendens, endorsed, and issued. (Copies emailed to Attorneys William E. Heney, Maureen B. Murphy and Thomas E. Sartini) Judge: Smith, Hon. Kevin T.
- Defendant Daniel Wherren's Memorandum of Law Regarding Proper Jurisdiction, filed.
- Plaintiff's Legal Memorandum Regarding Jurisdiction of the Land Court Over the Instant Matter, filed.
- Affidavit of William F. Brooks, Esq., filed.
- Event Resulted: Case Management Conference scheduled on: 07/11/2024 09:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding July 11, 2024. Case management conference held via videoconference. Attorney William Heney appeared for the plaintiff. Attorney Thomas Sartini appeared for the defendant. This is an action for specific performance brought pursuant to G. L. c. 185, § 1(k). The court asked where the parties stand on the jurisdictional issue discussed at the hearing on the motion for memorandum of lis pendens. Attorney Sartini reported that the parties disagree as to which court has jurisdiction and stated that his position is that the Probate Court is the proper forum with subject matter jurisdiction because this action is essentially challenging a decree issued by the Probate Court granting a license to sell. Attorney Heney stated that he believes the Land Court and Probate Court have concurrent jurisdiction over the action, which is not a collateral attack on the decree or license, but rather a specific performance action that is properly before the Land Court. The court asked whether this action would be barred by the prior pending action doctrine if the Probate Court has concurrent jurisdiction. Attorney Heney asserted that it would not. Following discussion, the court directed the defendant to file a motion to dismiss concerning the court's subject matter jurisdiction. Following the case management conference, the court reviewed the memoranda filed by the parties late in the day on July 10, 2024. Any further briefing by the parties need not repeat the substance of the memoranda filed late on July 10th but may incorporate the arguments made in those memoranda by reference. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: William E Heney, Esq. [email protected] Plaintiff: Maureen B Murphy, Esq. [email protected] Defendant: Thomas E Sartini, III, Esq. [email protected] Sent On: 07/11/2024 15:41:08
- Defendant Daniel Wherren's Memorandum in Support of his Special Motion to Dismiss Pursuant to G.L.c.184, 15(c), filed.
- Exhibits to Special Motion to Dismiss, filed.
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