Cruthird v. Hill

In August of 2002, Cruthird commenced a civil action in the Superior Court. In December of that year, a default entered against the defendant in that action. The following month, on the defendant’s motion, the default was removed. Cruthird then filed his G. L. c. 211, § 3, petition seeking relief frpm the removal of the default. The case is now before us pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). Cruthird has failed to satisfy his burden under rule 2:21 (2). First, he has failed to indicate whether he sought relief in the Appeals Court pursuant to G. L. c. 231, § 118,…