LUCY JONES, Individually and as Administratrix, & Others v. GARRY TEIXEIRA & Others.

CourtMassachusetts Appeals Court
DecidedJuly 1, 2025
Docket24-P-0795
StatusUnpublished

This text of LUCY JONES, Individually and as Administratrix, & Others v. GARRY TEIXEIRA & Others. (LUCY JONES, Individually and as Administratrix, & Others v. GARRY TEIXEIRA & Others.) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LUCY JONES, Individually and as Administratrix, & Others v. GARRY TEIXEIRA & Others., (Mass. Ct. App. 2025).

Opinion

NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule 23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28, as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).

COMMONWEALTH OF MASSACHUSETTS

APPEALS COURT

24-P-795

LUCY JONES, individually and as administratrix,1 & others2

vs.

GARRY TEIXEIRA & others.3

MEMORANDUM AND ORDER PURSUANT TO RULE 23.0

The defendants Garry Teixeira and Keith O. D. Moses

(collectively, Teixeira) appeal from a Superior Court judge's

January 8, 2024 order that, in substance, vacated the judge's

earlier order imposing monetary sanctions under G. L. c. 231,

§ 6F. Teixeira argues that the judge (1) lacked jurisdiction to

vacate her earlier order and (2) abused her discretion in doing

so. We affirm.

1 Of the estate of William Owens.

2 Nicole Jones and Sierra Jones.

Karlena Zachery, Keith O. D. Moses, and Gordon Spencer. 3

Zachery and Spencer are not parties to this appeal. Background. In 2016, the plaintiffs, represented by

attorney Paige Munro-Delotto, brought this legal malpractice

action against the defendants. In early 2020, Munro-Delotto was

allowed to withdraw and the action was dismissed with prejudice.

Teixeira then filed a motion for sanctions against Munro-Delotto

and the plaintiffs under G. L. c. 231, § 6F (§ 6F), and Mass. R.

Civ. P. 11, as amended, 456 Mass. 1401 (2010) (rule 11). The

motion sought $46,758.36 in attorney's fees and costs. Despite

having withdrawn from the case, Munro-Delotto filed an

opposition to the motion, arguing that no sanctions against her

or the plaintiffs were warranted.

On November 12, 2020, the judge entered an order (November

2020 order) that stated in its entirety: "After review of the

papers filed by the defendant and the opposition filed by the

plaintiff and after careful consideration [the court] finds that

the defendant is entitled to legal fees under c. 231 6F in the

amount of $46,758.36." The judge did so without holding the

hearing required by § 6F or making the findings § 6F requires.4

The order did not address whether sanctions were appropriate

under rule 11 and did not specify whether the order ran against

4 § 6F allows the imposition of sanctions "after a hearing" and requires a judge to state "the specific facts and reasons" underlying the finding that sanctions are appropriate. § 6F, first par.

2 Munro-Delotto, the plaintiffs, or both. No appeal was filed

within the ten-day appeal established by G. L. c. 231, § 6G.5

On December 9, 2020, Teixeira served on Munro-Delotto,

under Superior Court Rule 9A (rule 9A), a motion for

clarification, asking the judge to clarify that the November

2020 order applied to Munro-Delotto individually as well as to

the plaintiffs. The motion noted that the judge had neither

entered specific findings as required by § 6F nor addressed

Teixeira's request for sanctions under rule 11. On December 24,

Munro-Delotto served a combined opposition to the motion for

clarification and cross motion for reconsideration and

modification of the November 2020 order.6 The cross motion

argued that no sanctions were appropriate and, in effect, that

the November 2020 order should be vacated.7 The rule 9A package

was filed on December 31, 2020.

5 Munro-Delotto filed a notice of appeal, on behalf of herself only, on December 14, 2020, outside the ten-day appeal period.

6 Munro-Delotto filed the opposition and cross motion "on behalf of herself, and if applicable and proper, for the benefit of her unrepresented, former clients, the [p]laintiffs."

7 Teixeira prepared a reply memorandum arguing, among other things, that insofar as the filing sought reconsideration and modification, it contained no motion, only a memorandum, and thus failed to comply with rule 9A. In response, Munro-Delotto filed an emergency motion to treat her previous filing as compliant with rule 9A. Teixeira opposed that emergency motion. Although the judge never expressly addressed this rule 9A

3 On July 16, 2021, the judge held a motion hearing and, on

January 8, 2024, she issued the four-page order that gave rise

to this appeal.8 In the order, the judge stated that she had now

reviewed the entire record of the case, as well as the standards

for ordering sanctions under § 6F and rule 11. She had

initially awarded sanctions "because of the excessive delays in

the case attributable to the plaintiffs, more specifically

Attorney Monro-Delotto's personal circumstances." Although the

judge had initially questioned whether Munro-Delotto's medical

conditions in fact prevented her from working, the judge's more

recent review of the entire record left her with no "sufficient

grounds to doubt Attorney Munro-Delotto's veracity."

Based on this review, the judge found no reason to believe

that Munro-Delotto's or the plaintiffs' conduct sank to the

level that warranted sanctions under § 6F or, as to Munro-

Delotto, under rule 11. The judge noted that awards under § 6F

"should be reserved for rare and egregious cases," Police Comm'r

of Boston v. Gows, 429 Mass. 14, 19 (1999), and that "this is

dispute, the judge's allowance of Munro-Delotto's motion for reconsideration and modification was an implicit ruling that the motion sufficiently complied with rule 9A.

8 The record does not explain the reason for the regrettable delay between the motion hearing and the ruling. Nevertheless, Teixeira cites no authority, and we know of none, suggesting that that delay affected the judge's power to grant the relief Munro-Delotto requested.

4 not such a case." The judge therefore denied Teixeira's motion

for clarification, allowed Munro-Delotto's cross motion for

reconsideration and modification, and vacated the November 2020

order. This appeal followed.

Discussion. 1. Superior Court's jurisdiction. Teixeira

first argues that after expiration of the ten-day period for

appealing the November 2020 order, or at least after expiration

of the twenty-one-day period for seeking reconsideration under

Superior Court Rule 9D, the judge had no jurisdiction to grant

Munro-Delotto any relief from that order. Teixeira acknowledges

that a court would retain jurisdiction under, among other rules,

Mass. R. Civ. P. 60 (b), 365 Mass. 828 (1974) (rule 60 (b)), but

he argues that Munro-Delotto failed to invoke rule 60 (b). We

are unpersuaded.9

The Supreme Judicial Court has recently reaffirmed "the

long-standing principle that judges have the flexibility to

decide a motion based on its substance, rather than its title."

Care & Protection of Rashida, 488 Mass. 217, 233 (2021), S.C.,

489 Mass. 128 (2022). See Pentucket Manor Chronic Hosp., Inc.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Scannell v. Ed. Ferreirinha & Irmao, Lda.
514 N.E.2d 1325 (Massachusetts Supreme Judicial Court, 1987)
Bailey v. Shriberg
576 N.E.2d 1377 (Massachusetts Appeals Court, 1991)
Pentucket Manor Chronic Hospital, Inc. v. Rate Setting Commission
475 N.E.2d 1201 (Massachusetts Supreme Judicial Court, 1985)
Chavoor v. Lewis
422 N.E.2d 1353 (Massachusetts Supreme Judicial Court, 1981)
L.L., a juvenile v. Commonwealth
20 N.E.3d 930 (Massachusetts Supreme Judicial Court, 2014)
Kemp v. United States
596 U.S. 528 (Supreme Court, 2022)
Police Commissioner v. Gows
705 N.E.2d 1126 (Massachusetts Supreme Judicial Court, 1999)
Danger Records, Inc. v. Berger
444 Mass. 1 (Massachusetts Supreme Judicial Court, 2005)
Farnum v. Mesiti Development
862 N.E.2d 425 (Massachusetts Appeals Court, 2007)
Chace v. Curran
881 N.E.2d 792 (Massachusetts Appeals Court, 2008)
Troy Industries, Inc. v. Samson Manufacturing Corp.
924 N.E.2d 325 (Massachusetts Appeals Court, 2010)
Fronk v. Fowler
962 N.E.2d 231 (Massachusetts Appeals Court, 2012)
Guaetta & Benson, LLC v. McArdle
52 F.4th 440 (First Circuit, 2022)

Cite This Page — Counsel Stack

Bluebook (online)
LUCY JONES, Individually and as Administratrix, & Others v. GARRY TEIXEIRA & Others., Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucy-jones-individually-and-as-administratrix-others-v-garry-teixeira-massappct-2025.