Patrick v. Opert

This is a petition to establish a draft report upon which no final action was taken by the trial justice within three months of filing as required by Dis./Mun. Cts. R. Civ. P., Rule 64(c) (5). See Hough v. City of Newton, 1985 Mass. App. Div. 8.

This action was commenced in four counts in the Superior Court Department to recover damages for the defendant’s alleged malicious prosecution, abuse of process, intentional infliction of emotional distress, and unfair and deceptive trade practices. The superior court allowed the defendant’s Mass. R. Civ. P., Rule 56 motion for summaryjudgment on count…