Brown v. Quinn

27 Mass. App. Ct. 288 (1989)

537 N.E.2d 1258

DAVID A. BROWN & another[1]

vs.

MICHAEL J. QUINN, individually and as trustee.[2]

No. 88-P-833.

Appeals Court of Massachusetts, Middlesex.

April 11, 1989.

May 10, 1989.

Present: GREANEY, C.J., KASS, & FINE, JJ.

Dana L. Mason for the defendant.

Alan H. Aaron for the plaintiffs.

GREANEY, C.J.

We are concerned, in this case, with an issue of practice before the Appellate Division of the District Courts. Specifically, we must interpret that portion of Dist. Mun.Cts.R.Civ.P. 64(c)(5) (1975), set forth in the margin,[3] and determine the effect of the clerk's failure…