Zielinski v. Connecticut Valley Sanitary Waste Disposal, Inc.

We first consider in this case the defendant’s argument that the plaintiffs’ appeal must be dismissed either because a delay of some seven years in the entry of a judgment pursuant to Mass.R.Civ.P. 58(a), as amended, 371 Mass. 908 (1977), constituted a waiver of the plaintiffs’ right to appeal from the allowance of the defendant’s motion for summary judgment, or because the filing of the judge’s “Rulings and Order” on the motion, and the docket entry indicating that the motion had been allowed, served as a sufficient substitute for the “separate document” requirement of the rule, and thus…