J.A.C. Construction Co. v. Holmes

The plaintiff filed this petition to establish its draft report pursuant to Dist./Mun. Cts. R. Civ. P., Rule 64(c) (5) on the grounds that no action was taken on the plaintiff s draft report within three months of the filing thereof. See Brown v. Quinn, 1987 Mass. App. Div. 215, aff'd 27 Mass. App. Ct. 288 (1989), aff'd 406 Mass. 641 (1990).

The record indicates, however, that the draft report in question was voluntarily withdrawn and that the plaintiffs appeal to this Division is no longer viable.

The docket entries set forth the relevant procedural chronology. On October 1, 1991, judgment was…