Legal Opinion

Covington v. Omni Enterprises, Inc.

Massachusetts Superior Court

Decided January 7, 2004No. HDCV20020452APublished

1Opinion of the CourtCurley, J.

Now comes the Plaintiff in the above-entitled action and moves that the Court either waive or stay the $120.00 civil litigation fee recently assessed on the following grounds:

1. The Plaintiff has actively pursued this matter since suit was filed. There appears to be a delay in the ability of the Court system to provide a trial on this matter and other suits pending.

2. The litigants have no control over the available Court dates or other events that backlog the court system. Where a litigant is punished by a time frame that can be triggered by the court system’s inaction then it may be…

2Cases cited5 opinions

  1. Lindsey v. NormetSupreme Court of the United States · 1972
  2. Murphy v. Commissioner of the Department of Industrial AccidentsMassachusetts Supreme Judicial Court · 1993
  3. Crooker v. Superintendent, Massachusetts Correctional InstitutionMassachusetts Appeals Court · 1985
  4. Longval v. Superior Court Department of the Trial CourtMassachusetts Supreme Judicial Court · 2002
  5. Mantoni v. Board of AppealsMassachusetts Appeals Court · 1993

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