Scott McCarthy & a. v. Jeanne Ludden Civiello & a.

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2023-0249, Scott McCarthy & a. v. Jeanne
Ludden Civiello & a., the court on June 27, 2024, issued the
following order:

The motion of plaintiff Scott N. McCarthy for late entry of the signature
page of his brief is granted. The court has reviewed the written arguments and
the record submitted on appeal and has determined to resolve the case by way of
this order. See Sup. Ct. R. 20(2). Plaintiff Scott N. McCarthy appeals an order of
the Superior Court (Schulman, J.), following a hearing, denying his motion to
strike his default, dismissing his claims with prejudice, and granting final
judgment in favor of defendant Jeanne Ludden Civiello on her counterclaim. We
construe the plaintiff’s brief to be challenging the trial court’s rejection of his
“fraud on the court” claim and its calculation of damages on the counterclaim.
Based upon our review of the briefs, the relevant law, the record on appeal, and
the trial court’s thorough and well-reasoned decision, we find the plaintiff’s
arguments unpersuasive, and uphold the trial court’s decision.

Affirmed.

MacDonald, C.J., and Bassett, Donovan, and Countway, JJ., concurred.

Timothy A. Gudas,
Clerk