Gonzalez v. Spates

After the plaintiff, Omar Gonzalez, Jr., was struck by the vehicle driven by the defendant, Frank W. Spates, Gonzalez was awarded $18,000 in a negligence action in District Court against Spates. More than thirty days after receiving a copy of the District Court judge’s “findings and rulings of the court” but fewer than thirty days after receiving notice of the entry of judgment, Spates filed a motion to remove the case to Superior Court pursuant to G. L. c. 231, § 104. Gonzalez’s motion in District Court to dismiss Spates’s removal request as untimely was denied, as was Gonzalez’s similar…