U.S. Bank National Ass'n v. ManningAnnotate this Case
The Supreme Judicial Court vacated the superior court's judgment dismissing with prejudice the foreclosure complaint filed by a Bank and affirmed the order of sanctions imposed on the Bank, holding that the complaint should have been dismissed without prejudice.
On remand from the Supreme Judicial Court, the superior court granted the Bank's motion to voluntarily dismiss its foreclosure complaint without prejudice. Thomas Manning filed a motion for reconsideration of the court's order. After judicial settlement conferences, Manning filed a renewed motion for contempt against the Bank for its conduct at the settlement conference. Manning argued that the court should dismiss the foreclosure complaint with prejudice or, in the alternative, hold the Bank in contempt and impose sanctions. The court granted the motion for contempt and imposed sanctions, ordering the Bank to pay Manning's attorney fees and costs. The court then granted Manning's earlier motion for reconsideration and dismissed with prejudice the Bank's foreclosure complaint as a sanction for the Bank's conduct at the judicial settlement conference. The Supreme Judicial Court vacated the judgment in part, holding that the trial court abused its discretion in both granting Manning's motion for reconsideration and imposing sanctions on the Bank, including a dismissal with prejudice of the foreclosure complaint.