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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Matar v. Laface, 122 N.E.3d 1100 (2019)

Citation
Matar v. Laface, 122 N.E.3d 1100 (2019)
Parent Document
Matar v. Laface, 122 N.E.3d 1100 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-01-22

Full Text

981 chars
Background. In 2005, Matar filed a complaint in Superior Court alleging fraud, deceit, and misrepresentation in connection with Matar's land purchase from Laface.4 On the date scheduled for trial, the parties agreed to terms of settlement and so advised the prior judge. In response to the prior judge's order, the parties signed and filed the MOU, dated September 1, 2009, reciting the terms of the settlement. The detailed MOU provided that the parties would "execute a settlement agreement and all other documents to memorialize and effectuate the terms of the settlement." The prior judge then ordered the entry of dismissal nisi, requiring the parties to file an agreement for judgment or a stipulation of dismissal. The action was eventually dismissed without prejudice when the parties failed to file the required documents. In 2015, Matar commenced this action, seeking to enforce the agreement contained in the MOU as Laface had failed to execute the settlement agreement.