This action was commenced on October 23, 2015 by the filing of the plaintiffs complaint seeking partition pursuant to G. L. c. 241, §1. The defendant filed a motion to dismiss asserting that the complaint failed to state a claim upon which relief could be granted and that the court lacks jurisdiction on the grounds that the disposition of the real estate that is the subject of this action had already been litigated in the parties divorce action in the Probate and Family Court. By a decision of even date, the court has ALLOWED the defendants motion to dismiss for lack of subject matter jurisdiction pursuant to Mass. R. Civ. P. 12(b)(1).
In accordance with the courts decision, it is
ORDERED and ADJUDGED, that the complaint in this action is hereby DISMISSED, and it is further
ORDERED that no costs, fees, damages or other amounts are awarded to any party.
By the Court