Marianne Stearns v. Matthew Monteiro. ( 2023 )

NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule
23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28,
as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties
and, therefore, may not fully address the facts of the case or the panel's
decisional rationale. Moreover, such decisions are not circulated to the entire
court and, therefore, represent only the views of the panel that decided the case.
A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25,
2008, may be cited for its persuasive value but, because of the limitations noted
above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260
n.4 (2008).
COMMONWEALTH OF MASSACHUSETTS
APPEALS COURT
22-P-1045
MARIANNE STEARNS
vs.
MATTHEW MONTEIRO.
MEMORANDUM AND ORDER PURSUANT TO RULE 23.0
After a jury-waived trial in the Superior Court, the
plaintiff prevailed on her claims that the defendant, her
nephew, used undue influence to induce her to sign over real
property to him and that he held the property in a constructive
trust for her benefit. The judgment (1) voided a 2015 deed by
which the real property was transferred and (2) reinstated the
2008 deed by which the plaintiff and the defendant took the
property as joint tenants, but it made no mention of a
constructive trust. The plaintiff moved under Mass. R. Civ. P.
60 (a), 365 Mass. 828 (1974), to amend the judgment to include
the constructive trust. The motion judge, who was also the
trial judge, denied the motion without explanation on August 8,
2022, and the plaintiff appealed.
After hearing oral argument, this panel, while retaining
jurisdiction, remanded the case and directed two questions to
the judge. The judge's order in response acknowledged that the
judgment should have imposed a constructive trust in favor of
the plaintiff on the defendant's ownership of the property.
Accordingly, we conclude that omission from the judgment of
the imposition of a constructive trust was either a mistake or a
clerical error, see Mass. R. Civ. P. 60, 1 and the motion to amend
should have been allowed. See Atlanticare Med. Ctr. v. Division
of Med. Assistance, 485 Mass. 233, 247 (2020), citing Murphy v.
Administrator of the Div. of Personnel Admin., 377 Mass. 217,
277 (1979). We therefore reverse the order denying the motion
to amend judgment dated August 8, 2022; vacate the judgment
dated February 9, 2022; and remand the case for entry of the
following amended judgment:
It is ORDERED and ADJUDGED:
After a jury-waived trial that took place between January
22, 2022, and January 27, 2022:
1 We need not decide whether the motion should properly have been
brought under Mass. R. Civ. P. 60 (a), as it was, or Mass. R.
Civ. P. 60 (b), as the plaintiff maintained (in the alternative)
on appeal. "Courts may determine whether and under what section
relief might be granted; the label attached to the motion is not
dispositive." Honer v. Wisniewski, 48 Mass. App. Ct. 291, 294
(1999), and cases cited.
2
1. The December 2015 deed of 252 Elm Street in East
Bridgewater, recorded on December 16, 2015, in the Plymouth
County registry of deeds at book 463390, page 320 (December 2015
deed), is null and void and is rescinded;
2. The September 12, 2008 deed of 252 Elm Street in East
Bridgewater recorded on September 17, 2008, in the Plymouth
County registry of deeds at book 36363, page 4 (September 2008
deed), is reinstated;
3. Matthew Monteiro holds his interest in the property
located at 252 Elm Street, as reflected in the September 2008
deed, in a constructive trust for the benefit of Marianne
Stearns; and
4. A copy of this amended judgment shall be recorded in
the Plymouth County registry of deeds and shall be indexed to
the September 2008 deed and the December 2015 deed.
So ordered.
By the Court (Rubin, Singh &
Hershfang, JJ. 2),
Clerk
Entered: December 12, 2023.
2 The panelists are listed in order of seniority.
3