Bromfield v. Commonwealth, 508 N.E.2d 842 (Mass. 1987). · Go Syfert
Bromfield v. Commonwealth, 508 N.E.2d 842 (Mass. 1987). Cases Citing This Book View Copy Cite
“improper to grant relief under 60(b)(6) if the aggrieved party could have reasonably sought the same relief by means of appeal”
58 citation events (22 in the last 25 years) across 7 distinct courts.
Strongest positive: Massachusetts Correction Officers Federated Union v. Robinson (masssuperct, 1995-10-15)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Massachusetts Correction Officers Federated Union v. Robinson (2×) also: Cited as authority (rule)
Mass. Super. Ct. · 1995 · quote attribution · 1 verbatim quote · confidence high
improper to grant relief under 60(b)(6) if the aggrieved party could have reasonably sought the same relief by means of appeal
discussed Cited as authority (rule) Kathleen L. Jellison v. Ralph E. Jellison Jr.
Me. · 2026 · confidence medium
The Massachusetts Supreme Judicial Court, on the other hand, has indicated that “rule 60(b) does not provide an avenue for challenging supposed legal errors.” Bromfield v. Commonwealth, 508 N.E.2d 842, 844 (Mass. 1987).
discussed Cited as authority (rule) Household Finance Corp. II v. Matthews
Mass. Dist. Ct., App. Div. · 2013 · confidence medium
As Matthews had an avenue for relief under Rule 60(b)(3), but failed to meet the one-year deadline imposed by the rule, the court could not properly have allowed his motion to vacate the judgment pursuant to Rule 60(b) (6), the rule’s “catch-all provision.” Bromfield v. Commonwealth, 400 Mass. 254, 256 (1987), citing Bird, supra at 791 , and Chavoor v. Lewis, 383 Mass. 801 , 805 806 (1981) (“Relief from judgment may not be granted under rule 60(b) (6) unless the reason relied on is not a possible ground for relief under rule 60(b) (l)-(5).”).
discussed Cited as authority (rule) Batishchev v. Cote
Mass. Super. Ct. · 2010 · confidence medium
Although “[rjelief under rule 60(b)(6) requires compelling or extraordinary circumstances,” Freitas v. Freitas, 26 Mass.App.Ct. at 198 ; Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987), “courts should keep in mind the purpose of the rule to accomplish substantial justice.” Freitas v. Freitas, 26 Mass.App.Ct. at 198.
discussed Cited as authority (rule) Hermanson v. Szafarowicz
Mass. · 2010 · confidence medium
Rule 60 (b) (6) authorizes relief from a final judgment in cases involving “extraordinary circumstances,” Owens v. Mu-kendi, 448 Mass. 66, 71 (2006), quoting Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987), or “whenever such action is appropriate to accomplish justice,” Parrell v. Keenan , 389 Mass, at 815, quoting Klapprott v. United States, 335 U.S. 601, 615 (1949).
discussed Cited as authority (rule) Owens v. Mukendi (2×) also: Cited "see"
Mass. · 2006 · confidence medium
However, relief under Rule 60 (b) (6) is limited to instances ‘when the vacating of judgment is justified by some reason other than those stated in subdivisions (1) through (5),’ ” Parrell v. Keenan, 389 Mass. 809, 814 (1983), quoting Chavoor v. Lewis, 383 Mass. 801, 803 (1981), that presents “extraordinary circumstances.” Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987).
cited Cited as authority (rule) Kimball v. McGahan
Mass. Super. Ct. · 2004 · confidence medium
See Pielech v. Massasoit Greyhound, Inc., 47 Mass.App.Ct. 322, 326-27 (1999); Winthrop Corp. v. Lowenthal, 29 Mass.App.Ct. 180, 188-89 (1990); Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987).
discussed Cited as authority (rule) Care & Protection of Georgette
Mass. App. Ct. · 2002 · confidence medium
That motion could also be rejected as an improper effort to obtain relief under rule 60(b)(6) that should be granted only in extraordinary circumstances, which are not presented when the allegedly aggrieved party could have reasonably sought relief by means of direct appeal. 15 See Pentucket Manor Chronic Hosp., Inc. v. Rate Setting Commn., 394 Mass. 233, 236 (1985); Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987).
discussed Cited as authority (rule) Cummings Properties, LLC v. Nardone Enterprises, Inc.
Mass. Dist. Ct., App. Div. · 2002 · confidence medium
As Rule 60(b) (6) provides no relief for deliberate or calculated choices, see generally Bromfield v. Commonwealth, 400 Mass. 254, 256 (1987); Freitas v. Freitas, 26 Mass. App. Ct. 196, 198 (1988), there was no abuse of discretion in the denial of the defendants’ motion.
discussed Cited as authority (rule) Roberts v. Worcester Redevelopment Authority
Mass. App. Ct. · 2001 · confidence medium
Five of the six grounds for the motion warrant instant rejection: (b)(2), new evidence not discoverable through due diligence; (b)(3), fraud, misrepresentation, misconduct; (b)(4), void judgment; (b)(5), satisfaction, release, discharge, reversal or vacating of prior judgment, inequity of prospective application; (b)(6), catch-all provision reserved for extraordinary circumstances which are foreclosed by a party’s failure to raise the issue on appeal (see Bromfield v. Commonwealth, 400 Mass. 254, 257 [1987]).
discussed Cited as authority (rule) Connolly Accuchem Corp. v. Eclectic Foods, Inc.
Mass. Dist. Ct., App. Div. · 2001 · confidence medium
Such relief may be granted only upon a showing of “extraordinary circumstances,” Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987), for which relief would be unavailable under Rule 60(b) (1) through (b) (5).
discussed Cited as authority (rule) Paternity of Cheryl
Mass. · 2001 · confidence medium
Moreover, in order to prevail under subsection (6), the father was required to demonstrate that relief was not available to him under subsections (1) through (5). 18 See Department of Revenue v. W.Z., supra at 720-721 n.4, citing Bromfield v. Commonwealth, 400 Mass. 254, 256 (1987); Anderson v. Anderson, supra at 257 ; Chavoor v. Lewis, 383 Mass. 801, 805-806 (1981).
discussed Cited as authority (rule) Smith v. Arbella Mutual Insurance
Mass. App. Ct. · 2000 · confidence medium
We turn to the question whether relief from judgment was improperly granted under Mass.R.Civ.P. 60(b), 365 Mass. 828 (1974), which, in relevant part, is set forth in the margin. 1 Although the judge did not indicate under which clause of the rule he was acting, it appears that only clause (6) is applicable. 2 Under both the Massachusetts rule and the parallel Federal rule “subsection (6) relief is to be granted only in extraordinary circumstances.” Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987), and cases cited.
discussed Cited as authority (rule) Sarin v. Ochsner (2×) also: Cited "see"
Mass. App. Ct. · 2000 · confidence medium
The motion, brought almost three years after the entry of judgment, was not brought within a reasonable time, see Bromfield v. Commonwealth, 400 Mass. 254, 258 (1987), and presented no “extraordinary circumstances” which would warrant relief.
discussed Cited as authority (rule) Rezendes v. Rezendes
Mass. App. Ct. · 1999 · confidence medium
Although “[r]elief under rule 60(b)(6) requires compelling or extraordinary circumstances,” Freitas v. Freitas, 26 Mass. App. Ct. at 198 ; Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987), “courts should keep in mind the purpose of the rule to accomplish substantial justice.” Freitas v. Freitas, 26 Mass. App. Ct. at 198 .
cited Cited as authority (rule) Shapiro v. Brown
Mass. Dist. Ct., App. Div. · 1998 · confidence medium
Bromfield v. Commonwealth, 400 Mass. 254, 256 (1987); Gill v. Flynn, 1997 Mass. App. Div. 138, 139 .
discussed Cited as authority (rule) Gill v. Flynn
Mass. Dist. Ct., App. Div. · 1997 · confidence medium
A Rule 60(b)(6) motion requires a demonstration of “extraordinary circumstances,” Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987); Pentucket Manor Chronic Hosp., Inc. v. Rate Setting Comm., 394 Mass. 233, 236-237 (1985), for which relief would be unavailable under Rule 60(b) (1)-(b) (5).
cited Cited as authority (rule) Boston Edison Co. v. Forest Hills Nursing Home, Inc.
Mass. Dist. Ct., App. Div. · 1994 · confidence medium
Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987).
cited Cited as authority (rule) Eliad v. JSA International, Inc.
Mass. Dist. Ct., App. Div. · 1994 · confidence medium
Bromfield v. Commonwealth, 400 Mass. 254, 256 (1987); Chavoor v. Lewis, 383 Mass. 801 , 805 n.3 (1981). 4.
discussed Cited as authority (rule) September v. Sanders
Mass. Super. Ct. · 1994 · confidence medium
III.Motion for Relief from Judgment Rule 60(b)(6) provides that “the court may relieve a party . . . from a final judgment order or proceeding for . . . any reason justifying relief from the operation of the judgment.” This rule has an “extremely meager scope,” suitable only in “compelling and extraordinary circumstances.” Winthrop Corp. v. Lowenthal, 29 Mass.App.Ct. 180, 188 (1990), citing Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987) (relief from award of legal fees allowed where procured by “undue means”).
cited Cited as authority (rule) Winthrop Corp. v. Lowenthal
Mass. App. Ct. · 1990 · confidence medium
Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987).
examined Cited as authority (rule) Anderson v. Anderson (4×)
Mass. · 1990 · confidence medium
Bromfield v. Commonwealth, 400 Mass. 254, 256 (1987).
cited Cited as authority (rule) Freitas v. Freitas
Mass. App. Ct. · 1988 · confidence medium
Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987).
cited Cited "see" Adam B. Silverman v. Shannon L. Gabriel.
Mass. App. Ct. · 2023 · signal: see · confidence high
See Bromfield v. Commonwealth, 400 Mass. 254, 256 (1987).
discussed Cited "see" Maestranzi v. Ambrose (2×)
Mass. App. Ct. · 2018 · signal: see · confidence high
See Bromfield v. Commonwealth , 400 Mass. 254 , 256 (1987) (relief under 60[b][6] only available when ground for relief does not fall under 60[b][1]-[5] ).
discussed Cited "see" DeMarco v. DeMarco
Mass. App. Ct. · 2016 · signal: see · confidence high
See Bromfield v. Commonwealth, 400 Mass. 254, 257-258 (1987); Freitas v. Freitas, supra at 198 (because of the importance of finality, “the rule should not be used as an instrument for relief from deliberate choices which did *623 not work out”).
cited Cited "see" New England Phoenix Co. v. Buckley
Mass. Super. Ct. · 2002 · signal: see · confidence high
See Bromfield v. Commonwealth, 400 Mass. 254, 256-57 (1987).
discussed Cited "see" Sahin v. Sahin (2×)
Mass. · 2001 · signal: see · confidence high
See Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987), and cases cited; Murphy v. Administrator of the Div. of Personnel Admin., 377 Mass. 217 , 228 n.13 (1979).
discussed Cited "see" Heinrich Ex Rel. Heinrich v. Sweet (2×)
D. Mass. · 2000 · signal: see · confidence high
See MacCuish v. Volkswagenwerk A.G., 22 Mass.App.Ct. 380 , 394 n. 19, 494 N.E.2d 390 (1986), aff'd, 400 Mass. 1003, 508 N.E.2d 842 (1987) (noting that, in 1973, “the Governor favored the proposed legislation insofar as it provided that recovery for wrongful death, which up to that time was determined on a punitive basis, would be compensatory”). 7 The other, more significant change, removed the cap on punitive damages that had been present since the statute’s inception in 1898.
cited Cited "see" Pielech v. Massasoit Greyhound, Inc.
Mass. App. Ct. · 1999 · signal: see · confidence high
See Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987). 6 2.
cited Cited "see" Department of Revenue v. W.Z.
Mass. · 1992 · signal: see · confidence high
See Bromfield v. Commonwealth, 400 Mass. 254, 256 (1987).
cited Cited "see" Whitehall Co. v. Barletta
Mass. · 1989 · signal: see · confidence high
See Bromfield v. Commonwealth, 400 Mass. 254, 256 (1987).
cited Cited "see" Boston Redevelopment Authority v. Charles River Park \C\" Co."
Mass. · 1988 · signal: see · confidence high
See Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987).
discussed Cited "see, e.g." Wells Fargo Bank, National Ass'n v. Kal-Rich, Inc.
Mass. Dist. Ct., App. Div. · 2009 · signal: see also · confidence medium
See also Bromfield v. Commonwealth, 400 Mass. 254, 256 (1987) (“An appeal or a motion under... [rule] 59(e) ... may provide the only appropriate avenues for relief from judicial error, although certain errors by the office of clerk of courts ... and changes in the applicable law occurring between the time of the judge’s order for judgment and its entry ... may warrant use of [rule 60(b)(1)] to obtain relief’ [citations omitted]).
discussed Cited "see, e.g." Newbury College v. Bernadotte
Mass. Dist. Ct., App. Div. · 2008 · signal: compare · confidence medium
Compare Bromfield v. Commonwealth, 400 Mass. 254, 258 (1987) (motion under rule 60 (b) (6) too late when brought three years after entry of judgment); Sarin v. Ochsner, 48 Mass. App. Ct. 421, 426 (2000) (motion brought more than three years past judgment not reasonable).
cited Cited "see, e.g." Riccardi Wholesale Florists v. Rowe
Mass. Dist. Ct., App. Div. · 1999 · signal: see also · confidence medium
See also Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987); Al Saud v. Fast Forward, Inc., 43 Mass. App. Ct. 207, 210-211 (1997).
cited Cited "see, e.g." Diamond v. Hanover Insurance
Mass. Dist. Ct., App. Div. · 1994 · signal: see also · confidence medium
See also, Bromfield v. Commonwealth, 400 Mass. 254, 257 (1987); Charles Choate Memorial Hosp. v. Commissioner of Public Welfare, 13 Mass. App. Ct. 1080, 1081 (1982).
Retrieving the full opinion text from the archive…
Mollie H. Bromfield & Another, Executors, & Others vs. Commonwealth
Massachusetts Supreme Judicial Court.
Jun 11, 1987.
508 N.E.2d 842
J. Owen Todd (Richard Hoffman with him) for the plaintiffs., Elizabeth Bowen Donovan, Assistant Attorney General, for the Commonwealth.
Hennessey, Wilkins, Liacos, Lynch, O'Connor.
Cited by 41 opinions  |  Published
[*255] Wilkins, J.

The plaintiffs seek to reopen a judgment entered on June 23, 1982, awarding them damages and interest in connection with a 1970 taking of land by the Commonwealth. The judgment reflected interest at 6% from the date of the taking to the date (August 17, 1982) of the certificate of judgment. Collection of the judgment was delayed because of the unavailability of appropriated funds to satisfy the judgment. In February, 1983, the plaintiffs brought an action to collect the judgment, and in December, 1983, this court issued an opinion. Bromfield v. Treasurer & Receiver Gen., 390 Mass. 665 (1983). In that opinion we indicated that, in the circumstances, we would not then order payment of the judgment in the absence of an appropriation, but that, if no seasonable appropriation were made, relief in some other form could be ordered, including perhaps even permitting levy of execution on the Commonwealth’s property. Id. at 670. In February, 1984, with appropriated funds available, the Commonwealth paid the judgment in its principal amount with interest at the rate of 10% per annum from the date of the issuance of the certificate of judgment. The docket sheet shows for March 7, 1984: “Agreement for judgt. satisfied.”

On April 24, 1985, this court decided Verrochi v. Commonwealth, 394 Mass. 633 (1985), holding that under G. L. c. 79, § 37 (St. 1981, c. 800, § 3), prejudgment interest at the rate of 10% (not 6%) should be paid on all land damage verdicts entered after April 13, 1982, the effective date of the 1981 act. See also Hargrove v. Minuteman Regional Vocational Technical School Dist., 394 Mass. 1010 (1985); Holyhood Cemetery Ass’n v. Boston, 394 Mass. 1011 (1985); Salem Country Club, Inc. v. Peabody Redevelopment Auth., 21 Mass. App. Ct. 433 (1986).

The question in this case is whether the judge erred in denying the plaintiffs’ amended motion “for entry of second partial and final judgment and issuance of final certificate of judgment,” filed on February 6, 1986. There is no question that the plaintiffs would have been entitled to the benefit of the interpretation of the interest statute made in the Verrochi case had their case not gone to judgment. In their appeal, which we transferred here on our own, the plaintiffs argue that the judge committed[*256] an error of law or an abuse of discretion, or both, in denying their motion. They rely on Mass. R. Civ. P. 60 (b), 365 Mass. 828 (1974), which in relevant part is set forth in the margin, [2] to argue that there was a vehicle pursuant to which the judge could and should have given them relief from judgment. There was no error.

Relief from judgment may not be granted under rule 60 (b) (6) unless the reason relied on is not a possible ground for relief under rule 60 (b) (l)-(5). Bird v. Ross, 393 Mass. 789, 791 (1985). Chavoor v. Lewis, 383 Mass. 801, 805-806 (1981). If the reason for relief asserted in this case is a “mistake” within the meaning of rule 60 (b) (1), relief could not properly be given under subsection (6), and the plaintiffs’ motion was filed too late to obtain subsection (1) relief. Relief under subsection (1) must be sought within a reasonable time, and, in any event, within one year of the judgment. There is some disagreement in opinions dealing with the parallel Federal rule as to whether an error of law by the judge can properly be a subsection (1) “mistake.” See 11 C.A. Wright & A.R. Miller, Federal Practice and Procedure § 2858, at 176-178 (1973). See also United States v. 329.73 Acres of Land, 695 F.2d 922, 925-926 (5th Cir. 1983) (subsection [1] not available to challenge amount of judgment calculated using allegedly unconstitutionally inadequate rates of interest). An appeal or a motion under Mass. R. Civ. P. 59 (e), 365 Mass. 827 (1974), may provide the only appropriate avenues for relief from judicial error, although certain errors by the office of clerk of court (Chavoor v. Lewis, supra at 805 n.3) and changes in the applicable law occurring between the time of the judge’s order for judgment and its entry (Hingham v. Director of the Div. of Marine Fisheries, 1 Mass. App. Ct. 908, 909 [1979]) may warrant use of subsection (1) to obtain relief.

[*257] Our most recently expressed view is that rule 60 (b) does not provide an avenue for challenging supposed legal errors and that subsection (6) relief is to be granted only in extraordinary circumstances. Pentucket Manor Chronic Hosp. v. Rate Setting Comm’n, 394 Mass. 233, 236-237 (1985). See Bowers v. Board of Appeals of Marshfield, 16 Mass. App. Ct. 29, 33 (1983). Cf. Galvin v. Welsh Mfg. Co., 382 Mass. 340, 344 (1981) (“changes in the law alone would not justify reopening [a final] judgment”). In Parrell v. Keenan, 389 Mass. 809, 816 (1983), we upheld the discretionary granting of subsection (6) relief from a purported consent judgment, entered without the moving party’s agreement, because of the extraordinary circumstances.

The parallel Federal rule has been narrowly construed to deny subsection (6) relief based on an error of law. In Ackermann v. United States, 340 U.S. 193, 198 (1950), the Supreme Court noted that rule 60 (b) (6) is not a substitute for appeal and that there “must be an end to litigation someday, and free, calculated, deliberate choices are not to be relieved from.” It is, therefore, generally held “improper to grant relief under Rule 60 (b) (6) if the aggrieved party could have reasonably sought the same relief by means of appeal.” Martinez-McBean v. Government of V.I., 562 F.2d 908, 911 (3d Cir. 1977). See McKnight v. United States Steel Corp., 726 F.2d 333, 338 (7th Cir. 1984); Council for Employment & Economic Energy Use v. WHDH, 580 F.2d 9, 13 (1st Cir. 1978), cert. denied, 440 U.S. 945 (1979); 11 C.A. Wright & A.R. Miller, Federal Practice and Procedure § 2864, at 214-215 (1973).

Even if the plaintiffs could persuade us that an error in the computation of prejudgment interest could be a proper reason for granting relief from judgment under rule 60 (b) (6), in this case they make no persuasive argument that the judge abused his discretion in denying their motion seeking a recomputation of interest and a “second partial and final judgment.” The plaintiffs did not appeal from the judgment of June 23, 1982, nor did they seek to alter or amend it. The increase in interest rates from 6% to 10% provided by the 1981 amendment of G. L. c. 79, § 37 (St. 1981, c. 800, § 3) became effective[*258] prior to the trial of the case. The issue was not raised in the plaintiffs’ mandamus action commenced in February, 1983. See Bromfield v. Treasurer & Receiver Gen., 390 Mass. 665 (1983). The judgment and postjudgment interest at 10% were paid in early 1984, and an agreement for judgment satisfied was filed on March 7, 1984. The motion for relief which is the subject of this appeal was not filed until August, 1985, more than three years after entry of judgment. The judge acted well within his range of discretion in denying relief. The claim was made too late.

Order denying relief from judgment affirmed.

2

“On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for tihe following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; ... or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order or proceeding was entered or taken.”