Rental Property Management Services v. Hatcher, 97 N.E.3d 319 (2018)

Citation: Rental Property Management Services v. Hatcher, 97 N.E.3d 319 (2018)
Parent Document: Rental Property Management Services v. Hatcher, 97 N.E.3d 319 (2018)
Jurisdiction: Massachusetts (state)
Effective Date: 2018-05-15
Original Source: https://www.courtlistener.com/opinion/4498231/rental-property-management-serv... ↗

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5 The obligation to dismiss for lack of subject matter
jurisdiction established in Mass. R. Civ. P. 12 (h) (3) is not
inconsistent with the Uniform Summary Process Rules and
therefore applies to summary process actions. See Rule 1 of the
Uniform Summary Process Rules (1980) (summary process actions
governed by Massachusetts Rules of Civil Procedure to extent
they are "not inconsistent" with Uniform Summary Process Rules).
Cf. ROPT Ltd. Partnership v. Katin, 431 Mass. 601, 607 (2000)
(under Mass. R. Civ. P. 12 [b] [1], 365 Mass. 754 [1974], party
to summary process action "has the right to raise subject matter
jurisdiction at any time").
                                                                  10 We therefore hold that, whenever it becomes apparent to a

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