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Court Rejects Frivolous Appeal from Appellant on False Affidavit Claims

October 03, 2025 | Judicial - Appeals Court Oral Arguments, Judicial, Massachusetts


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Court Rejects Frivolous Appeal from Appellant on False Affidavit Claims
The Massachusetts Appeals Court convened on October 3, 2025, to hear oral arguments regarding a case involving an appellant challenging a trial judge's findings. The session was presided over by Justices Massing, Sacks, and Allen.

The primary focus of the discussion centered on the appellant's appeal, which was based on claims that the trial judge's findings were erroneous. The appellant had previously faced a motion to dismiss, which was rejected due to the submission of a false affidavit. Additionally, a motion for summary judgment was also denied, with the trial judge deeming the appellant's testimony as not credible.

During the proceedings, it was emphasized that the appellant's arguments were largely a reiteration of previous claims, particularly regarding a scrivener's error that the appellant believed should absolve him from a guarantee. However, the court noted that the appellant failed to contest the trial judge's factual findings or provide evidence supporting his claims. The trial judge had the advantage of hearing the appellant's testimony firsthand and concluded that it lacked credibility.

The discussion also touched on the potential for the court to award costs for what was described as a frivolous appeal under Chapter 221A. The opposing counsel pointed out that the appellant had not requested attorney's fees in his brief but indicated a willingness to formally make that motion.

As the session concluded, the justices were left to consider the arguments presented, with the opposing counsel asserting that the appeal lacked merit and was an attempt to evade accountability. The court's decision on the matter remains pending.

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