Baybank Middlesex v. Murdza

This is a petition to establish a draft report which was dismissed by the trial justice.

In electing to proceed by way of petition, the plaintiff has misconstrued his remedy and has thereby forfeited any right to appellate review. Pursuant to Dist./Mun. Cts. R. Civ. P., Rule 64 (c) (6), the dismissal of the plaintiffs draft report could have been considered by this Division solely upon a report of said dismissal order. Gallagher v. Atkins, 305 Mass. 261, 263-264 (1940); Dumas v. Griffin, 53 Mass. App. Dec. 167, 171 (1974). As the plaintiffs draft report was dismissed rather than disallowed,…