TERRENCE M. MCCARTHY and LAURIE M. DURKAN vs. DONALD F. BRAGDON and SUZANNE M. BRAGDON

On March 6, 2020, Terrence M. McCarthy and Laurie M. Durkan (McCarthy and Durkan) filed their Petition for Partition under G. L. c. 241, §1 (Complaint), naming as respondents Donald F. Bragdon and Suzanne F. Bragdon (the Bragdons). On May 1, 2020, the Bragdons filed Defendants/Respondents, Donald F. Bragdon and Suzanne M. Bragdon's Motion to Dismiss Petition for Partition With Prejudice (Pursuant to Mass. R. Civ. P. 12(b)(6)) (Motion to Dismiss), the Brief in Support of Defendants/Respondents, Donald F. Bragdon and Suzanne M. Bragdon's Motion to Dismiss Petition for Partition With Prejudice, and the Appendix (App.). On May 4, 2020, McCarthy and Bragdon filed Plaintiffs/Petitioners' Opposition to Defendants/Respondents' Motion to Dismiss Pursuant to Rule 12(b)(6), Plaintiffs/Petitioners' Brief in Opposition to Defendants/Respondents' Motion to Dismiss Pursuant to Rule 12(b)(6), and Plaintiffs/Petitioners' Appendix. The Motion to Dismiss was heard on June 19, 2020, and taken under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has allowed the Motion to Dismiss.

In accordance with the court's Memorandum and Order issued today, it is

ORDERED and ADJUDGED that the Complaint is DISMISSED with prejudice

So Ordered.