Legal Opinion
Little v. Heimlich
Massachusetts District Court, Appellate Division
Decided July 15, 1980PublishedCited by 7 opinions
1Opinion of the CourtCowdrey, P.J.
This is a petition to establish the plaintiff’s draft report which was dismissed1 by the trial court as not in compliance with Dist./Mun. Cts. R. Civ. P., Rule 64.
Despite the clear and unequivocal terminology of Rule 64(c) (6) and a seemingly endless progression of decisive opinions from this Division and the Supreme Judicial Court, we are once again compelled to reiterate a rule which should be by now axiomatic. The proper and exclusive remedy for the dismissal of a draft report is a request for a report and a draft report challenging, and limited to, said dismissal order. Dist./Mun. Cts. R.…
2Cases cited9 opinions
- Gallagher v. AtkinsMassachusetts Supreme Judicial Court · 1940
- Comfort Air Systems, Inc. v. CacopardoMassachusetts Supreme Judicial Court · 1976
- Calcagno v. P. H. Graham & Sons Co.Massachusetts Supreme Judicial Court · 1943
- Parkway Imports, Inc. v. AskinosMassachusetts District Court, Appellate Division · 1967
- Lane v. SmithMassachusetts District Court, Appellate Division · 1975
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brooks v. HautalaMassachusetts District Court, Appellate Division · 1984
- Onessimo v. CarvelliMassachusetts District Court, Appellate Division · 1983
- Federal Deposit Insurance v. DanielMassachusetts District Court, Appellate Division · 1984
- Randazzo v. O'BrienMassachusetts District Court, Appellate Division · 1984
- Mason v. PerlmanMassachusetts District Court, Appellate Division · 1986
2 more not listed; retrieve them via the Exa API.