Legal Opinion · Concurrence

Brown v. Quinn

Massachusetts Appeals Court

Decided May 10, 1989No. 88-P-833Published

1ConcurrenceKass, J.

It is difficult to take satisfaction in the result to which precedent presses us in this case. Strike one, the draft report which was timely filed, idles for eight to nine months in the court files (it was apparently not called to the trial judge’s attention until shortly before he settled and signed it); strike two, the District Court clerk fails in his duty under the last sentence of Dist.Mun.Cts.R.Civ.P. 64(c) to notify the parties in the case that the trial judge has not acted on the draft report; and, lo, strike three, after three months of inaction the appellant is out on his ear. On a…

2Cases cited6 opinions

  1. Schulte v. Director of the Division of Employment SecurityMassachusetts Supreme Judicial Court · 1975
  2. Superintendent of Worcester State Hospital v. HagbergMassachusetts Supreme Judicial Court · 1978
  3. Walker v. Board of Appeals of HarwichMassachusetts Supreme Judicial Court · 1983
  4. Vyskocil v. VyskocilMassachusetts Supreme Judicial Court · 1978
  5. Points East, Inc. v. City CouncilMassachusetts Appeals Court · 1983

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