Montgomery v. Eaton Peabody, LLP

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This case arose from the revocation of a building permit previously granted to R. Bruce Montgomery and Wanda Haddock (collectively, Montgomery). Montgomery, represented by Judy A.S. Metcalf and William V. Ferdinand Jr. (collectively, the Eaton Peabody attorneys), appealed the revocation of the permit, contesting the revocation of the part of the permit dealing with the construction of a garage. The Georgetown Planning Board left in place a stop-work order on the construction of the garage. Montgomery subsequently hired attorney Clifford H. Goodall to assist him in his attempts to apply for a building permit, without success. Montgomery filed a legal malpractice complaint against the Eaton Peabody attorneys. The superior court dismissed five of the six counts of the complaint. Montgomery subsequently filed a second amended complaint raising legal malpractice claims against Goodall. The superior court granted summary judgment in favor of Goodall. The Supreme Judicial Court affirmed, holding that the superior court (1) properly granted the Eaton Peabody attorneys’ motion to dismiss counts one through five of Montgomery’s complaint; and (2) did not abuse its discretion in denying Montgomery’s motion to file a third amended complaint made three years after the commencement of the suit. View "Montgomery v. Eaton Peabody, LLP" on Justia Law