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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Youghal, LLC v. Entwistle (2020)

Citation
Youghal, LLC v. Entwistle (2020)
Parent Document
Youghal, LLC v. Entwistle (2020)
Jurisdiction
Massachusetts (state)
Effective Date
2020-03-23

Full Text

779 chars
Manzaro v. McCann, 401 Mass. 880, 881-882 & n.2 (1988),
does not require a different result. Unlike this case, Manzaro
did not involve an early-filed rule 59 motion. In that context,
our observation that the "rule 59 (e) motion was filed on
September 12, 1986, within ten days from judgment as directed by
that rule," recognizes only that the rule 59 (e) motion was not
late and, therefore, that the time for appeal did not begin to
run until the motion was decided. Manzaro, 401 Mass. at 882.
To the extent Empire Loan of Stoughton v. Stanley Convergent
Sec. Solutions, Inc., 94 Mass. App. Ct. 709 (2019), suggests
that a motion for reconsideration, to alter or amend a judgment,
or for relief from judgment is not timely if it is served before
judgment enters, it is overruled.