Mailer v. Mailer

By the Court.

At issue is whether a plaintiff’s dissatisfaction with the financial aspects of a judgment nisi is “sufficient cause” to grant a plaintiff’s motion to dismiss a complaint for divorce. See G. L. c. 208, § 21. Also at issue is the correctness of the Probate Court judge’s dismissal of the plaintiff’s appeal for failure to file a transcript, as required by Mass. R. A. P. 9 (c) (2), as appearing in 378 Mass. 924 (1979). Displeasure with the alimony and property settlement award is not “sufficient cause” for dismissal. We therefore hold that the judge properly denied the plaintiff’s…