Eresian v. Merrill Lynch Credit Corp.
Annotate this CasePetitioner was the defendant in a summary process action in the Housing Court. In 1993, the Appeals Court affirmed. In the years since then, Petitioner repeatedly sought to challenge the foreclosure that led to the summary process action, without success. In 2015, Petitioner filed a motion seeking to vacate the Appeals Court’s 1993 decision. The Appeals Court denied relief. Petitioner subsequently filed a petition pursuant to Mass. Gen. Laws ch. 211, 3 in the county court. A single justice denied the petition. The Supreme Judicial Court affirmed, holding (1) Petitioner failed to prosecute her appeal, and therefore, her appeal could be dismissed on this basis alone; and (2) Petitioner’s claims failed on the merits.
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