Masomi v. Madadi
Masomi v. Madadi
Opinion of the Court
This appeal stems from divorce proceedings in the Probate and Family Court. Mostafa Masomi (husband) appeals from (1) the order denying his second motion to file a late notice of appeal from the judgment of divorce (second extension motion); and (2) the order denying his motion for relief from judgment pursuant to Mass.R.Civ.P. 60(b),
Background. On October 22, 2014, the parties agreed to participate in a conciliation program for the purpose of settling the contested issues in their divorce action. On January 8, 2015, the parties executed a "Stipulation/Agreement" (agreement) in which they agreed, inter alia, to a specific division of marital assets, and that each party would be responsible for his or her own debts.
On February 27, 2015, the parties and their respective counsel appeared for a hearing before a judge of the Probate and Family Court, at which time the agreement was submitted to the judge for review. Despite the plain language of the agreement, father's counsel asserted that the agreement was simply a draft. Ultimately, the father testified that he had signed the agreement with the advice of counsel and understood that it would be incorporated into the judgment. The judge then found the agreement to be fair and reasonable and approved it.
A little more than ten months later, a single justice of this court granted the husband an extension of time to file a notice of appeal from the divorce judgment. Although the defendant filed a notice of appeal, he voluntarily withdrew it less than one month later, apparently to seek relief under rule 60(b) instead.
On February 23, 2016, the husband filed a motion for relief from judgment pursuant to rule 60(b), which the divorce judge denied on March 3, 2016. At this point, the husband filed his second extension motion, this time in the Probate and Family Court. The judge denied this motion as well. The husband filed notices of appeal from the order denying his rule 60(b) motion and from the order denying his second extension motion, and the cases were later consolidated.
Discussion. We review the judge's denial of a motion for relief from judgment pursuant to rule 60(b) for an abuse of discretion. Rezendes v. Rezendes,
We similarly review the judge's order denying the second extension motion for an abuse of discretion. See Lawrence Sav. Bank v. Garabedian,
There is also no indication in the record that the husband's challenge of the divorce judgment is meritorious. See Commonwealth v. Barclay,
Order denying motion for relief from judgment affirmed.
Order dated April 12, 2016, denying late notice of appeal affirmed.
A significant portion of the dispute between the parties involves student loans taken out by their children (some guaranteed by the father) to pay for attendance at college, and disputes over payment of tuition for the children. The father favors a considerably larger amount of resources being placed toward higher education for the children than does the mother.
The wife did not report any liabilities on her financial statements filed during the divorce proceedings. The husband reported several liabilities totaling approximately $130,361, more than eighty percent of which were student loans for the children.
The equities do not favor the wife's request for appellate attorney's fees and double costs, and it therefore is denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.