Legal Opinion
MCS Enterprises, Ltd. v. Henry
Massachusetts District Court, Appellate Division
Decided June 23, 2005PublishedCited by 5 opinions
1Opinion of the CourtWelsh, J.
A trial court clerk dismissed the plaintiffs timely-filed appeal on the basis of an alleged failure to take timely subsequent action to perfect the appeal. The plaintiffs motion to reinstate the appeal was denied after a judicial hearing. We hold that the appeal should not have been dismissed.
Plaintiff MCS Enterprises, Ltd., operating as North Atlantic Kenworth (“Ken-worth”), is in the business of servicing and repairing trucks. Defendant William P. Henry (“Henry”) leased a truck to one Nicholas, who brought the truck to Ken-worth’s place of business for repairs. When Nicholas refused to pay…
2Cases cited12 opinions
- Schulte v. Director of the Division of Employment SecurityMassachusetts Supreme Judicial Court · 1975
- Farley v. SpragueMassachusetts Supreme Judicial Court · 1978
- Gorod v. TabachnickMassachusetts Supreme Judicial Court · 1998
- Georgantis v. Star Market CompaniesMassachusetts District Court, Appellate Division · 2000
- MacIuca v. PapitMassachusetts Appeals Court · 1991
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lashus v. SlaterMassachusetts District Court, Appellate Division · 2009
- Frankston v. FermeMassachusetts District Court, Appellate Division · 2007
- Wells Fargo Bank, National Ass'n v. Kal-Rich, Inc.Massachusetts District Court, Appellate Division · 2009
- Davidson v. RuskinMassachusetts District Court, Appellate Division · 2009
- Jackson v. MitchellMassachusetts District Court, Appellate Division · 2009