Tavares v. Mashpee 130 Shops, Inc.

The plaintiffs appeal was dismissed by the court after it had been pending for more than two years. The plaintiff has appealed that dismissal. We affirm the dismissal.

Plaintiff Gary Tavares (‘Tavares”) brought this action in 2005 to recover a deposit he had made under an agreement to purchase real estate from the defendant, Mashpee 130 Shops, Inc. (“Mashpee”). The principal issue was whether Tavares had used sufficiently diligent efforts to obtain permits so as to be entitled to the return of his deposit. After a jury-waived trial held over several days in both the Falmouth and Wareham…