Estate of McNamara
Defendants, Edward W. Cutter and Edward W. Cutter, an Accountancy Corporation, appeal from an order amending two judgments to include them as judgment debtors. The judgments were entered against Fairhaven, a purported nonprofit entity, and amended to include defendants on alter ego grounds. Zoran Vujic, the moving party, is the executor of Alberta Patricia McNamara's estate. Court find the executor did not argue and made no evidentiary showing in the trial court that defendants controlled the litigation against Fairhaven and had an opportunity to present a defense. Because the executor failed to meet his burden as the moving party, Court reverse the order amending the judgments to include defendants as judgment debtors. Court direct the trial court to vacate the amended judgments.
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