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Appeals court reviews retroactive support equity claim, judge's fee award in Hinckley v. Gunter
Summary
In 25P355 the panel considered whether a probate judge erred by treating an equity complaint as if it were a Rule 60(b) motion and by awarding attorney fees against the mother after finding litigation conduct and discovery failures. Appellant argued the court should have applied broad equity powers (G.L. c.215 §6) and not the higher fraud‑on‑the‑
The Appeals Court heard argument in 25P355, Hinckley v. Gunter, a contested appeal over retroactive child support and shifting of attorneys’ fees following a protracted probate‑family court dispute.
Michael Grillie, for appellant Carol Hinckley, argued the trial judge incorrectly treated a complaint filed under general equity authority (G.L. c.215 §6) as a time‑barred Rule 60(b) matter and then applied a heightened ‘‘fraud on the court’’ standard to deny relief. Grillie said the court should have…
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