Hornibrook v. Richard
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The Supreme Judicial Court reversed the order of the superior court denying Defendant's motion to dismiss the counts of breach of fiduciary duty and conversion, holding that a conservator acting pursuant to judicial approval is a quasi judicial officer and is entitled to absolute immunity for conduct that is authorized or approved by the probate court.
Plaintiff, acting as guardian and next of friend for his mother, filed a complaint against defendant, the mother's permanent conservator, alleging breach of fiduciary duty, malpractice, conversion, and fraud. Defendant filed a motion to dismiss the complaint. The judge allowed the motion as to the malpractice and fraud counts but denied the motion as to the remaining counts. The Supreme Court reversed and remanded for entry of an order allowing the motion to dismiss in its entirety, holding that Plaintiff did not allege that Defendant acted outside the authorized scope of her duties as conservator, and therefore, the superior court judge erred in denying Defendant's motion to dismiss the remaining counts of breach of fiduciary duty and conversion.
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