R. J. Berke & Co. v. J. P. Griffin, Inc.

The question to be decided is the validity of the trial court’s discretionary denial of defendant’s motion for late entry of an appeal under superior court rule 74 (1977). This appeal is a continuation of Berke Co. v. Griffin, Inc., 116 N.H. 760, 367 A.2d 583 (1976), in which we affirmed a judgment for plaintiff Berke in the sum of $9,428.29. After our decision, the plaintiff moved for taxation of costs and execution. The amount of costs was disputed by the parties, so the matter was heard by the same Judicial Referee (Blandin, J.) who heard the previous proceedings.

An order was issued by the…