Whitby v. Denno

This action was transferred to the District Court of Hampshire from the Superior Court pursuant to G.L. c. 231, § 102C. On June 18, 1981, a judgment was entered against the defendant. Notice of the judgment was received by defendant's counsel on June 22,1981. A timely request for retransfer should have been filed with the District Court by July 2, 1981. In fact, the request was mailed and received by the Court on July 7, 1981, five days beyond the requisite 10 day period.

A motion for leave to file the request late, treated by the trial judge as a motion for transfer, was denied. The defendant…