No. 05-P-537.Appeals Court of Massachusetts.
July 18, 2006.
Decisions Pursuant to Rule 1:28. The order allowing DeMoura’s motion to amend the judgment is reversed insofar as it strikes the provision for interest, and the amended judgment entered October 17, 2003, is vacated. The original judgment of March 11, 2003, is to be modified to strike the award of costs and to reflect that DeMoura’s liability is in his official capacity. As so modified, the judgment is affirmed. The order denying DeMoura’s motion for judgment n.o.v. or in the alternative for a new trial is affirmed. The orders denying Allenson’s motions for reinstatement and for reconsideration of that ruling are affirmed. The orders allowing Allenson’s motion for attorney’s fees in the amount of $90,000 and denying DeMoura’s motion for reconsideration of that ruling are affirmed. The order denying Allenson’s motion to further amend the judgment is affirmed.