Karp v. Amendola

The procedural posture of this action is complex, and the sequence of events is crucial to understanding this appeal. A probate judge (first judge) on July 14, 1986 entered a judgment of divorce nisi. The husband appealed. His appeal was dismissed on October 28, 1986 by the first judge on the ground of inexcusable neglect. See Mass.R.A.P. 10(c), 378 Mass. 938 (1979).2 Had he not appealed, the judgment nisi would automatically have *930become a judgment absolute after ninety days, namely on October 13, 1986. G. L. c. 208, § 21. On October 25, 1986, the wife was murdered. On motion of the husband,…