Home GRAEME D. FISHER, M.D., Personal Representative of the Estate of Ardell Fisher v. CAMERON A. FISHER

MISC 17-000448

February 14, 2020

Middlesex, ss.



This action commenced August 11, 2017 with the filing of a complaint by Graeme D. Fisher, M.D., in his capacity as personal representative of the Estate of Ardell Fisher, asserting claims against Cameron A. Fisher as follows: Count I, for undue influence by the defendant related to the conveyance of property at 19 Weatherdeck Drive in Bourne (the "Property"); Count II, for violation of the Massachusetts Civil Rights Act; Count III, for breach of fiduciary duty; Count IV, for rescission; Count V; for imposition of a constructive trust; Count VI, for unjust enrichment; and Count VII, seeking declaratory judgment; all with respect to the alleged improper conveyance of the Property to the defendant by the parents of the plaintiff and the defendant.

This case came on for hearing on defendant's Motion for Summary Judgment. In a decision of even date, the court (Speicher, J.) has determined that judgment shall enter in favor of the defendant on all counts.

In accordance with the court's decision, it is

ORDERED and ADJUDGED, that the plaintiff's complaint is DISMISSED in its entirety. [Note 1]

It is further

ORDERED and ADJUDGED that this Judgment is a full adjudication of all the parties' claims in this case, and all prayers for relief by any party in this action which are not granted in the preceding paragraphs are DENIED.


[Note 1] As the complaint is dismissed for the plaintiff's lack of standing, the court dismisses outright Count VII, seeking a declaratory judgment, rather than declaring the rights of the parties.