Opinion
No. 12–P–161.
2012-11-7
Jules R. CAVADI v. Stephen C. BARNES & another.
By the Court (CYPHER, HANLON & AGNES, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
This case relates to a series of cases: DeYeso v. Humbert, 76 Mass.App.Ct. 1115 (2010) ( DeYeso I ); Cavadi v. DeYeso, 458 Mass. 615 (2011) ( DeYeso II ); and DeYeso v. Humbert, 81 Mass.App.Ct. 1133 (2012) ( DeYeso III ). Here, DeYeso appeals from an award by the trial judge for rents collected on the Martha's Vineyard property owned by DeYeso as trustee. However, Cavadi had never sought such relief in the course of litigation and its inclusion in the allowance of Cavadi's “omnibus motion to resolve all pending matters” was error because, among other reasons, it requested relief to which Cavadi was not entitled. See Mass.R.Civ.P. 54(c), 365 Mass. 820 (1974). Accordingly, the portion of the order of the Superior Court awarding rental income from that property to Cavadi is reversed, and that portion of Cavadi's motion shall be denied. In all remaining respects the order is affirmed.
So ordered.
Individually and as assignee of the Federal Deposit Insurance Corporation.