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December 24, 2010     Post-Gazette
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December 24, 2010

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Page 10 POST-GAZETTE, DECEMBER 24, 2010 F ac .... ::::i il by bobmorello "ax reviewing the best, the rest RASCAL FLATTS J NOTHING LIKE .THIS Big Machine Country music superstars Rascal Flatts making their mark with the release of Nothing Like This, earning the unique distinction of having six consecutive studio albums debut at #1. Already the best selling country group of the decade, Rascal Flatts serves up the first single, "Why Wait," and its right up to the top of the charts immediately. The eleven tracks include four that were penned by mem- bers of Rascal Flatts. Natasha Bedingfield adds her vocals to the painful tale of "Easy," followed by the enjoyable feeling of "Sunday Afternoon," the fun of "Play," finding pleasure in "Nothing Like This" and the carefree "All Night To Get There." Gary LeVox, Joe Don Rooney and Jay DeMarcus put the pedal to the metal with "Red Camaro," counting their blessings via "They Try," feeling the love on "Summer Young," the satisfaction of "Tonight Tonight," and end with "I Won't Let Go." Noth- ing Like This is another winner for Rascal Flatts' de- but on Big Machine Records. THE DAVID LIEBMAN TRIO m LIEB PLAY THE BLUES A LA TRANE Daybreak Saxophonist David Lieb- man succumbs to the inspi- rations of John Coltrane in his music. Teaming up with Marius Beets on bass and Eric Ineke on drums, Lieb- man created a night's reper- toire of Coltrane's blues, and ended up with a CD's worth of music. Liebman arranged five lengthy tracks that shine from beginning to end. Opening with just under ten minutes worth of Miles Davis' "All Blues," climbing aboard the Coltrane train with the legend's efforts that include, "Up Against the Wall," the fast pace of "Mr. P.C." and over fifteen min- utes worth of "Village Blues." The fitting tribute to Trane "Take the Coltrane" was penned by Duke Ellington and played brilliantly by the trio The blues of Trane -- Liebman-izedl JOSH GROBAN m ILLUMINATIONS 143-Reprise New album #5, Illumina- tions by Canadian-born Josh Groban was produced by the legendary Rick Rubin, and introduces fifteen cuts that will illuminate your senses. Opening with the brief pre- lude - "The Wandering Kind," Groban follows with a ring- ing version of "Bells of New York City," the pretty "Fare- well Time" and "The Garden Without Whys," both sung in Italian, and the clarity of "Higher Windowi" That's just the half of it, as Groban, who had a hand in creating most of the music and much of the lyrics continues to shine. Check out the pretty "If I Walk Away," confessing "Love Only Knows," the touching "War at Home," and the pledge of love with "Straight to You." Excellent creativity by Groban! FASTER -- MUSIC FROM THE MOTION PICTURE Lakeshore Dwayne Johnson and Billy Bob Thornton star in the motion picture Faster, but the real star is Clint Mansell who scored ten tracks for this exciting film. In addition to Mansell's tracks are ef- LAW OFFICES OF FRANK J. CIANO GENERAL PRACTICE OF LAW DIVORCE * WILLS ESTATE PLANNING * TRUSTS CRIMINAL * PERSONAL INJURY WORKERS COMP. 617-354-9400 Si Parla Italiano 230 MSGR. O'BRIEN HIGHWAY h CAMBRIDGE, MASSACHUSETTS 02141 00uon 00V'atale Green Cross Pharmacy FARMACIA CROCE VERDE J. Giangregorio, Reg. Ph. - F. Giangregorio, Reg. Ph. 393 Hanover Street, Boston, Mass. * Tel: 617-227-3728 Professional Dependability - Accuracy - Service forts by five artists -- "Good- bye My Friend" from Guido & Maurizio De Angelis, the legendary Iggy Pop's "I Wanna Be Your Dog;" the flashback by Kenny Rogers & The First Edition performing "Just Dropped In (To See What Condition My ConditionWas In;" plus The Heavy contrib- ute "Short Change Hero;" and Jeffrey Luck Lucas give up "Grifos Muertos," and "John the Revelator" done taste- fully by Adewale Akinnuoye- Agbaje. The film's teaser states: 'Slow justice is no justice -- but Manselrs score adds much to the film's ac- tion, holding your interest with the mere sound of his powerful tracks that create both mood and excitement. BELL'ARIA J LITTLE ITALY Manhattan Performing eighteen songs that will tug at the heart- strings of any Italian-Ameri- can, Bell'Aria delivers songs that will bring pleasure to not only immigrants and their families, but for the American audience who love the classic Italian- American songs. The more senior will remember the likes of Dean Martin, Mario Lanza and Louis Prima brought to life in the 18 tracks on this wonderful CO. Memories return when being draped in the vocals of, "Volare," "O Sole Mio," "Non Dimenticar," 'AI Di La," "That's Amore," "Finiculi Funicula," the Lanza stan- dard "Be My Love," the heart- wrenching "Mamma," plus "Mambo Italiano" and "Arrivederci Roma." Bell'Aria -- Gabriel Burrafato, Jessica Carvo, Angelica DiCastro, Christopher Macchio and Miriam Pultro -- was culled from responders to ad which appeared in the Backstage publication. Their diverse background has resulted in Little Italy, an album that is aimed at letting the world know the joy of being Italian and Italian- American. Bell'Aria -- Grazie! Merry Christmas and a J4appy J00ew year Rapino Memorial Home 9 Chelsea St., East Boston 617-567-1380 Kirby-Rapino Memorial Home 917 Bennington St. East Boston 617-569-0305 Dino C. Manca Funeral Director A Family Service Affiliate of AFFS/Service Corp. Int'l 206 Winter St. * Fall River, MA 02720 508-676-2454 by DAVID J. SALIBA, Attorney at Law If you don't agree with a final judgment of a case can you start a new suit claiming the previous decision was wrong? AMERICO F. JORGE, Executor v. AEX ANDRE Mass Land Court 18 LLR 402 * Decided July 28, 2010 This action was com- menced by Americo F. Jorge, individually and as Executor of the Estate of Jose Defrei- tas ("Plaintiff or "the Estate") on April 20, 2010, seeking to rescind a deed dated July 14, 2005 by which Jose Defreitas and his now de- ceased wife purported to con- vey their home fn Methuen to Fernanda Alexandre ("De- fendant"). Plaintiff contends that Defreitas and his wife, neither of whom spoke English, were the victims of fraud and did not realize the consequences of the deed they signed. A previous action was filed by Jose Defreitas in Essex County Superior Court against the same Defendant on February 22, 2008, seek- ing to rescind the same deed. That action was dismissed for failure to prosecute on May 14, 2009, after Counsel for Mr. Defreitas failed to at- tend a status conference. Mr. Defreitas passed away in February of 2009, and his Estate moved to vacate the order of dismissal on Decem- ber 24, 2009. On January 19, 2010, the court (Feeley, J.) denied Plaintiffs motion and dismissed the case with prejudice. On January 28, 2010 the Estate filed a Mo- tion to Reconsider Denial of Motion for Relief from Judg- ment. That motion was de- nied by the Court on Febru- ary 12, 2010. This case was filed in Land Court on April 20, 2010. The defendant filed a mo- tion to dismiss this case be- cause the case was already decided by a different court. The land court agreed and dismissed this case. The court said: IN the present case, the previous action was dismissed for failure to prosecute because Counsel for the Plaintiff did not ap- pear at the status confer- ence. A later Motion to Va- cate was denied, and the case was dismissed with prejudice. In denying the Motion to Vacate, the Supe- rior Court (Feeley, J.) re- jected Counsel's excuse that he had not yet been retained by the administrator of the Estate as a valid reason for not appearing at the status conference. In it's decision denying the Motion to Va- cate, the court noted that Counsel had multiple ways of avoiding dismissal; Coun- sel could have made a mo- tion to further continue the stay of the proceeding, or it seek more time to obtain [*'10] formal authorization for counsel to continue on behalf of the Estate. In addi- tion, the Estate could have authorized an attorney to represent the estate tempo- rarily until the administra- tor was appointed. He took none of these steps. The purpose of res judicata is to conserve judicial re- sources, to prevent the un- necessary costs associated with multiple litigation, and to ensure the finality of judg- ments. Plaintiff had his op- portunity to have his day in court, but was denied by his own inaction; therefore, he is barred from relitigating his claim. This case says that if the previous trail was dismissed with prejudice you don't have a second chance. Merry Christmas and a Happy New Year The An00uoni Family NORTH SHORE BUS CO., INC. 851 Broadway, Revere, MA 781-289-2590 efv00a00,a 'W00aea ,g America in History Landing of Columbus Designs created & implemented by Constantino Brumidi (1805-1880) The Michelangelo of the United States Capitol OCTOBER ITALIAN HERITAGE MONTH COMMITTEE * 617-499-7955 FROM THE MEMBERS OF THE BOARD Kevin A. Caira, President Dr. Stephen F. Maio, Chairman of the Board Salvatore Bramante, Vice-President Fiscal Affairs Lucia Clark, Recording Secretary James DiStefano, State President OSIA, Director Dr. John Christoforo, Director of Education Anna Qua&i, Director of Public Relations Dr. Spencer DiScala, Historian Comm. Lino Rullo, President Emeritus Hon. Joseph V. Ferrino, Ret. Chairman Emeritus Hon. Peter W. Agnes, Jr., Chairman Emeritus