Spivey v. Neitlich

The defendant, David E. Neitlich, appeals from the dismissal of his appeal by a judge of the Probate and Family Court, for failure to comply with the appeals clerk’s requests for his assistance in assembling the record, as required under Mass.R.A.P. 9(c)(1), as amended, 378 Mass. 936 (1979). The underlying appeal was from a judgment removing the defendant from his position as trustee of a trust under the will of Elizabeth S. Tasney. In view of the defendant’s inaction in the face of repeated directives from the appeals clerk for the Probate Court, we conclude that the appeal was properly…