JAMES J. CARNEY, JR., v. CAMILLE M. CARNEY, MARIO LENTO, and PATRICIA NOLAN LENTO.

The Complaint in this action was filed in the Suffolk County Superior Court on November 21, 2017. The Amended Complaint and Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction were filed on December 22, 2017. The Answer of Camille M. Carney was filed on January 8, 2018. The Answer of Mario Lento and Patricia Nolan Lento and the Opposition to Plaintiffs Motion for Temporary Restraining Order were files on January 16, 2018. The motion for temporary restraining order was heard on January 16, 2018, and allowed on January 17, 2018. The Defendants' Motion to Transfer to Land Court was filed on July 16, 2018, and was allowed on July 19, 2018.

This action was transferred to the Land Court from the Suffolk County Superior Court on September 6, 2018. The Defendants' Counterclaim was filed on October 15, 2018. The Answer of Defendant in Counterclaim James Carney to the Counterclaim of Mario Lento and Patricia Lento was filed on November 5, 2018.

The Pre-Trial Conference was held on December 14, 2018. A Trial was held on January 28, 2019, at which the Defendants' Motion for Involuntary Dismissal/Required Finding was filed and was denied without prejudice. The Plaintiff James J. Carney's Post-Trial Brief was filed on March 13, 2019. The Defendants' Mario Lento and Patricia Nolan Lento Post-Trial Memorandum was filed on March 20, 2019. The court heard closing arguments on March 21, 2019, and the case was taken under advisement. In a Decision of even date, the court (Foster, J.) has made findings of fact and rulings of law.

In accordance with the court's Decision issued today, it is

ORDERED and ADJUDGED that the temporary restraining order issued by the Suffolk County Superior Court in this action on January 17, 2018, is DISSOLVED. It is further

ORDERED, ADJUDGED, and DECLARED that neither James J. Carney, Jr. nor Camille M. Carney hold any legal or equitable title interest in the property located at 98-100 Orient Avenue, East Boston, Massachusetts (Property), as more fully described in the deed from Camille M. Carney and Mario Lento as Trustees of the 100 Orient Avenue Family Trust to Mario Lento and Patricia Nolan Lento, dated October 26, 2011, and recorded in the Suffolk Registry of Deeds (registry) at Book 48666, Page 28 (Deed). It is further

ORDERED, ADJUDGED, and DECLARED that Mario Lento and Patricia Nolan Lento own the Property free and clear of any interests formerly held by Camille M. Carney or James J. Carney, Jr., if any. It is further

ORDERED, ADJUDGED, and DECLARED that pursuant to G.L. c. 188, §§ 1, 4, 10, James J. Carney, Jr. possesses an unreleased homestead in the Property in the amount of $125,000; however, such homestead rights are only enforceable against claims of creditors against the Property and have no effect on the rights of subsequent owners of the Property, including Mario Lento and Patricia Nolan Lento. It is further

ORDERED and ADJUDGED that a copy of this Judgment may be filed in the registry and marginally referenced on the Deed and all other relevant documents.

By the Court