Heard: October 12, 2018.
action commenced in the Land Court Department on July 18,
complaint for contempt, filed on January 26, 2017, was heard
by Howard P. Speicher, J.
F. Primason for the defendant.
G. Mateus for the plaintiff.
Present: Rubin, Wolohojian, & Blake, JJ.
Lynn Housing Authority (LHA) appeals from a judgment of civil
contempt entered against it following a bench trial in the
Land Court. For essentially the reasons given by the trial
judge, we affirm.
summarize the findings of the trial judge, none of which is
argued, or shown, to be clearly erroneous. Luis Martinez
filed the underlying Land Court action against Marilu H. Rega
and her mother, Ana A. Reyes, seeking reformation of a deed
in which he conveyed an undivided fee interest in his
property at 5 South Elm Street, Lynn (property), to himself
and Reyes as joint tenants. Martinez's underlying claim
was that Reyes and Rega defrauded him into conveying an
interest in the property by falsely claiming that they could
help him obtain a modification of his outstanding mortgage
loan, which was then in default. Rega and Reyes claimed that
they could help Martinez only if he conveyed an interest in
the property to Reyes.
hearing at which neither Rega nor Reyes appeared despite
receiving notice, the judge issued a preliminary injunction
dated July 28, 2016 (July Order), that provided in relevant
(1) "defendants Marilu Rega and Ana A. Reyes, are hereby
ENJOINED and RESTRAINED from selling, leasing, or otherwise
conveying or encumbering their interest in [the property] . .
(2) "defendants Marilu Rega and Ana A. Reyes, their
agents, representatives, employees, contractors, and others
acting in concert with them or otherwise having actual
knowledge of this Order, are hereby ENJOINED and RESTRAINED
from entering upon [the property], . . . collecting rents for
any part of said property, and from exercising any rights to
ownership thereof, and are further ENJOINED and RESTRAINED
from interfering with plaintiff Luis Martinez's exercise
of ownership rights to [the property], . . . including
without limitation, his entry into and maintenance of any
part of said property, and other rights of ownership
consistent with this Order."
second hearing at which Rega appeared pro se and sought to
represent Reyes under a "power of attorney,
" the judge issued a further order
dated August 17, 2016 (August Order), restating the terms of
the July Order (we refer hereafter ...