Provident Funding Associates, LP v. Jones, 31 Mass. L. Rptr. 37 (2013)

Citation: Provident Funding Associates, LP v. Jones, 31 Mass. L. Rptr. 37 (2013)
Parent Document: Provident Funding Associates, LP v. Jones, 31 Mass. L. Rptr. 37 (2013)
Jurisdiction: Massachusetts (state)
Effective Date: 2013-02-27
Original Source: https://www.courtlistener.com/opinion/8358209/provident-funding-associates-lp... ↗

Full Text

593 chars

Although the Defendants have not raised the point, technically res judicata does not apply because Provident has not moved for separate and final judgment in Henry I, and accordingly, Judge Kaplan did not enter final judgment in Provident’s favor. However, because it makes no practical sense to allow a matter to be relitigated in a summary process action which grows out of the same operative facts in which a Superior Court judge has issued a decision; and because this court concurs with the legal reasoning of Judge Kaplan’s decision, it is appropriate to adopt it as the law of the case.

Other Sections in This Document (41)

Full Text