MYERS v. MYERS (2023)

MEMORANDUM AND ORDER PURSUANT TO RULE 23.0

This is an appeal in one of a series of cases between Jon Myers and various family members, including his father, Morey Myers; his mother, Sondra Myers; his now-deceased former wife, Margaret Carney; and his brother, David Nathan Myers. Jon entered into a 2011 settlement agreement wherein he agreed to “cease and desist from ․ filing or threatening to file any and all lawsuits on any matter whatsoever against any of his family members.” Further, on February 11, 2014, Morey, Sondra, and Margaret entered into an agreement for judgment with Jon, where the parties agreed that Jon would be precluded from filing a new suit against each of them “or against any relative,” among others, without first obtaining leave from the Regional Administrative Justice. The 2014 agreement for judgment was entered as an order of the court.

On June 28, 2022, pursuant to the agreement for judgment, Jon filed a motion seeking approval to file a suit against David. On July 7, 2022, a Superior Court judge denied the motion “because [Jon] identifie[d] no plausible claim, nor any claim not barred by the prior judgment, and fail[ed] to identify what relief [wa]s sought.” Jon's subsequent motion for reconsideration was also denied. This appeal followed, although Jon does not attempt to explain how the judge erred.

We discern no error. The proposed suit is against a family member, Jon's brother. The motion states that the situation at issue stems back to 1988, before the prior suits. The claims are barred by both the prior settlement agreement and the agreement for judgment. See Jarosz v. Palmer, 436 Mass. 526, 536 (2002) (claim preclusion bars relitigation of claim dismissed with prejudice).³

Conclusion. The order dated July 7, 2022, denying the request to commence new lawsuit is affirmed. The order dated July 19, 2022, denying the motion for reconsideration is affirmed.

So ordered.

FOOTNOTES

3.   While the motion that Jon filed was a request to file suit against David, the motion was filed in a case involving Jon's parents and his former wife. Jon's parents filed the appellees’ brief in this appeal.