Opinion
16-P-354
03-23-2017
Vincent GILLESPIE v. Sandra STAUB & others.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
In April, 2003, Vincent Gillespie filed a complaint in Superior Court against Peggy Roggenbuck Gillespie alleging that she wrongfully brought about Vincent's father's death and interfered with Vincent's inheritance. We affirmed the summary judgment entered in favor of Peggy in a memorandum and order issued pursuant to our rule 1:28. Gillespie v. Gillespie , 78 Mass. App. Ct. 1125 (2011). In April, 2014, Vincent filed another complaint in Superior Court against Peggy and included her attorneys as defendants, alleging misconduct in the handling of his first complaint.
The 2014 complaint alleged that the misconduct extended from about 2004 until 2008. A judge dismissed the complaint on the pleadings after concluding that the claims were barred by the three-year limitations period set forth in G. L. c. 260, § 2A, because Vincent's claims accrued no later than 2008. Vincent concedes that the three-year statute of limitations applies but argues that his claims did not accrue until April, 2011, when the Supreme Judicial Court denied his petition for further appellate review.
We conclude, for substantially the reasons set forth by the motion judge, that Vincent's claims are time barred. The law is well established that an appeal from an adverse judgment does not render a plaintiff's injuries, occasioned during the course of the action, unknowable or otherwise extend the limitations period. Cantu v. St. Paul Cos ., 401 Mass. 53, 57-58 (1987).
We also conclude that the three defendants are entitled to reasonable attorney's fees and double costs under Mass.R.A.P. 25, as appearing in 376 Mass. 949 (1979). Within fourteen days of the date of this memorandum and order, the defendants shall file with the clerk of this court, with service to Vincent, statements of their appellate attorney's fees and costs, with appropriate supporting materials. See Fabre v. Walton , 441 Mass. 9, 10-11 (2004). Any opposition by Vincent to the amounts claimed in the statements of fees and costs shall be filed and served within fourteen days thereafter. Ibid .
Judgment affirmed .
Individually and on behalf of the estate of Gregory Gillespie.