Legal Question in Civil Litigation in Massachusetts

Small Claims Appeal
I was sued in Small Claims Court in Massachusetts and the Clerk-Magistrate entered judgment against me and I appealed to a jury of 6 session. My case was scheduled for trial and I appeared but plaintiff did not. The judge dismissed plaintiff's claim but later vacated the order he had entered dismissing the case because plaintiff claimed he was at the courthouse that morning but in the wrong courtroom. I appeared three more times for my appeal trial and each time the Judge postponed and rescheduled because he said the court didn't have a jury and I requested a jury of 6. He said I could waive the jury trial but I refused. Finally, two weeks ago, I appeared once again, ready for trial, but plaintiff did not show and the Judge dismissed plaintiff's case. Do I have to file a Motion for an Order to Vacate the previous Judgment that was entered against me? Or does that Judgment just become null and void since the Judge dismissed the case?

Asked on 9/25/03, 8:08 pm

Nance Lyons Law Office of Nance Lyons

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Re: Small Claims Appeal

It appears you need not take any further action

Answered on 10/03/03, 3:55 pm

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