Opinion
11-P-1484
04-05-2012
STEVEN J. CARREIRO v. GREGORY F. DEN HERDER & others.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendants appeal from an order denying their motion for relief from judgment pursuant to Mass.R.Civ.P. 60(b), 365 Mass. 828 (1974). Any relief sought must be brought under rule 60(b)(1), as rule 60(b)(6) is not applicable. See Chavoor v. Lewis, 383 Mass. 801, 805-805 (1981).
Nothing has been made to appear that would cause us to conclude the judge abused her discretion or otherwise committed an error of law. See Scannell v. Ed. Ferreirinha & Irmao, Lda., 401 Mass. 155, 157-158 (1987).
The plaintiff's request for appellate attorney's fees and costs is allowed. He may submit a petition for fees and costs, together with supporting materials, within fourteen days of the date of the rescript of this decision. The defendants shall have fourteen days thereafter to respond. See Fabre v. Walton, 441 Mass. 9, 10-11 (2004).
Order denying motion for relief from judgment affirmed.
By the Court (Rubin, Brown & Hanlon, JJ.),