Legal Opinion

Berninger v. Small

Massachusetts District Court, Appellate Division

Decided June 4, 1986PublishedCited by 6 opinions

1Opinion of the CourtDoyle, P. J.

This is a petition to establish the defendant’s draft report which was disallowed by the trial court. The sole issue for review presented by said draft is the propriety of the court’s denial of a Dist./Mun. Cts. R. Civ. P., Rule 60(b) motion filed by the defendant almost sixteen months after the parties’ execution of an Agreement for Judgment.

It is clear from an examination of the draft report at issue and the docketed history of this case that the defendant’s efforts to secure an appeal to this Division are both procedurally flawed and of no substantive merit. The docket indicates that this…

2Cases cited20 opinions

  1. Commonwealth v. BendersMassachusetts Supreme Judicial Court · 1972
  2. Chavoor v. LewisMassachusetts Supreme Judicial Court · 1981
  3. Parrell v. KeenanMassachusetts Supreme Judicial Court · 1983
  4. Bowers v. Board of Appeals of MarshfieldMassachusetts Appeals Court · 1983
  5. Henderson v. D'ANNOLFO DODGE ELECTRICAL CONTRMassachusetts Appeals Court · 1983

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3Cited by6 opinions

  1. Hatem v. Merrimack Lincoln-Mercury, Inc.Massachusetts District Court, Appellate Division · 1988
  2. Resmini v. M.J.M. Associates, Inc.Massachusetts District Court, Appellate Division · 2005
  3. Von Thaden v. VillateMassachusetts District Court, Appellate Division · 1989
  4. D & H Brown, Inc. v. FrancoeurMassachusetts District Court, Appellate Division · 1991
  5. Rosen v. Gold Star Wholesale Nursery, Inc.Massachusetts District Court, Appellate Division · 1992

1 more not listed; retrieve them via the Exa API.

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