Opinion

Don v. Soo Hoo

  • 75 Mass. App. Ct. 80
  • 912 N.E.2d 18
  • 2009 Mass. App. LEXIS 1100
Court
Massachusetts Appeals Court
Filed
Aug 26, 2009
Status
Published
Author
Brown
On the bench
Brown, McHugh
Cited by
4 cases
Authority
More cited than 11.0%

“[I]t is important to remember that the statute does not extinguish the underlying obligation. Instead, if properly asserted, the statute makes the obligation unenforceable in a court. Nevertheless, the debts may be collected in other ways”

How later courts described this case

  • “[I]t is important to remember that the statute does not extinguish the underlying obligation. Instead, if properly asserted, the statute makes the obligation unenforceable in a court. Nevertheless, the debts may be collected in other ways”
  • defendant's mother's consent to search defendant's bureau and strong box in bedroom area upheld

Written by the judges who cited it.

The opinion

Brown, J.

(concurring). I fully concur in the well-crafted majority opinion. I write separately, however, to mention one more time how I am amazed at the amount of unnecessary litigation and the potential unintended consequences that are often spawned. “Litigation should be a last resort, not the first option.” Petricca Constr. Co. v. Commonwealth, 37 Mass. App. Ct. 392, 401 (1994) (Brown J., concurring). “Rational thought and wise counseling are available at far less expense^] ” Ibid. And, I might add, much less professional embarrassment. 1

The defendant knew full well he had made a serious misstep. If he had merely paid the plaintiff the money, as she requested, all the parties could have said “check, please.”

An adverse ruling in a legal malpractice suit likely could have been avoided.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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