Home DENNIS M. CLOHERTY v. FIRST HORIZON HOME LOANS, a division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION

MISC 09-406351

September 28, 2009

MIDDLESEX, ss.

Trombly, J.

JUDGMENT [Note 1]

Plaintiff Dennis M. Cloherty commenced this action on July 14, 2009, claiming slander of title and seeking, presumably, to reform a foreclosure deed of the parcel of real property, known as and numbered 2 Harvest Road in Wakefield, owned of record by Defendant First Horizon Home Loans, a division of First Tennessee Bank National Association. Defendant answered the Complaint on August 3, 2009.

On August 21, 2009, Defendant filed a Special Motion to Dismiss the Complaint, pursuant to G.L. c. 184, § 15(c). On September 1, 2009, Plaintiff filed an Amended Pleading, pursuant to Mass. R. Civ. P. 15(a), and opposed the Defendant’s motion on September 14, 2009. The motion was argued before the court on September 14, 2009, and taken under advisement.

After careful consideration of all of the evidence, the court issued an order today, allowing the Defendant’s Special Motion to Dismiss.

In accordance with that Order, it is hereby:

ADJUDGED and ORDERED that the Defendant, First Horizon Home Loans, a Division of First Tennessee Bank National Association’s Special Motion to Dismiss is ALLOWED; and it is further

ADJUDGED and ORDERED that the Complaint be and is hereby DISMISSED.

By the court (Trombly, J.).


FOOTNOTES

[Note 1] If not specifically defined herein, each term carries the same definition employed in the September 28, 2009 Order.