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Keywords

plaintiffdefendantattorneynegligenceappealalimonyattachmentpiracy
plaintiffdefendantattorneymotionprobatealimonyattachment

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MacDonald v. MacDonald, 407 Mass. 196, 552 N.E.2d 533

Facts

The plaintiff filed a contempt complaint against the defendant for arrearages in alimony and support payments totaling nearly $6,000. An attachment of the defendant's real estate was authorized and recorded. The defendant sold the property without the credit union's attorney discovering the attachment due to negligence. After the attachment was dissolved by the judge, citing fraud by the parties, the plaintiff appealed the decision, leading to further legal proceedings.

The plaintiff filed a complaint for contempt in the Probate Court alleging [that] the defendant's arrearages in alimony and support payments under an order of September 13, 1982, total[ed] $5,908.31. On September 26, 1983, a probate judge authorized an attachment of certain of the defendant's real estate, which was recorded that day. The following day, September 27, 1983, the defendant sold the real estate.

Issue

Whether the judge's findings of fraud on the court were supported by evidence and whether the attachment should be reinstated.

Whether the judge's findings of fraud on the court were supported by evidence and whether the attachment should be reinstated.

Rule

Fraud on the court requires evidence of egregious conduct that corrupts the judicial process, and a judge should disqualify themselves if their impartiality might reasonably be questioned.

Fraud on the court is 'only that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.'

Analysis

The court found that the judge's conclusions regarding fraud were not supported by the record, which did not demonstrate any conspiracy or egregious conduct by the parties or their attorneys. The judge's bias against the parties was evident, and the court emphasized the need for an impartial decision-maker. The court also reiterated that the credit union had no right to raise the issue of the attorney's negligence in this proceeding.

The record does not support the judge's conclusion that there was a fraud on the court. Fraud on the court requires evidence of egregious conduct that corrupts the judicial process, and the judge's bias against the parties was evident.

Conclusion

The Supreme Judicial Court reversed the judge's order revoking the judgments and execution, reinstating the attachment as originally recorded.

We therefore reverse the judge's order revoking the judgments and execution, and his order allowing motions to intervene and a motion to dissolve an attachment.

Who won?

The plaintiff prevailed as the court found that the judge's actions were unjustified and reinstated the attachment.

The plaintiff asserts that there is no evidentiary basis for the judge's findings of fraud on the court by the plaintiff, the defendant, and their attorneys. We agree with the plaintiff's assertions.

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