This action was commenced by plaintiff/petitioner, Lorraine Roy on September 24, 1998, seeking to partition by sale, pursuant to G.L. c. 241, § 1, of certain parcels of real property in Billerica.
On January 20, 2006, the parties reached a settlement agreement and filed an agreement for judgment. The Court (Trombly, J.) issued a final Judgment upon consent on March 6, 2006.
On January 3, 2007, defendants filed a motion to enforce the Judgment. Plaintiff opposed the motion on January 9, 2007, and simultaneously filed a motion to dismiss.
On January 11, 2007, defendants filed a response to plaintiffs opposition and motion to dismiss. The motions were argued before the Court the same day and taken under advisement. The Court issued an Order on January 30, 2007, allowing the defendants motion to enforce the Judgment, ruling that the settlement agreementincorporated by the Judgmentincludes certain conveyances between plaintiff and defendants and, therefore, implicitly obligates certain purchase and sale agreements concerning the properties entered into by the parties, thereafter.
On January 8, 2008, plaintiff filed a complaint for contempt. On June 18, 2008, defendants filed an answer to the complaint for contempt. The complaint for contempt was heard before the Court on August 14, 2008, and taken under advisement.
After careful consideration of all of the evidence, the Court entered a Decision today, ruling that defendants are not in contempt of Court.
In accordance with that Decision, it is hereby
ADJUDGED and ORDERED that the complaint for contempt be, and is hereby DISMISSED.
By the Court (Trombly, J.)
[Note 1] If not specifically defined herein, each term carries the same definition employed in the Decision.