Legal Opinion

Bettencourt v. Poirier & Ware Heat Treating Co.

Massachusetts District Court, Appellate Division

Decided April 27, 1994PublishedCited by 2 opinions

1Opinion of the Court

Dolan, RJ.

In this action, the plaintiff seeks damages resulting from the failure of the defendant to pay plaintiff’s tax liability as allegedly to be required by the terms of an employment contract. The court found for the defendant and plaintiff appealed to this division.

We do not reach the merits of this appeal because no briefs were filed by the parties. “Failure to file a brief in accordance with Rule 64(f), Dist./Mun. Cts. R. Civ. P. precludes appellate review. Thoresen v. LeTendre, 1983 Mass. App. Div. 191, 193. Such failure constitutes a waiver of the right to appellate review.…

2Cases cited4 opinions

  1. Soscia v. SosciaMassachusetts Supreme Judicial Court · 1941
  2. Thoresen v. LeTendreMassachusetts District Court, Appellate Division · 1983
  3. Sheridan v. Travelers InsuranceMassachusetts District Court, Appellate Division · 1976
  4. Ashley Ford Sales, Inc. v. Royal Insurance Co. of AmericaMassachusetts District Court, Appellate Division · 1992

3Cited by2 opinions

  1. Floyd v. OwensMassachusetts District Court, Appellate Division · 2009
  2. Farmers & Mechanics Savings Bank v. TrainorMassachusetts District Court, Appellate Division · 1997

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