Legal Opinion

Waterwheel Realty, Inc. v. Mangiacotti

Massachusetts District Court, Appellate Division

Decided December 31, 2001PublishedCited by 1 opinion

1Opinion of the CourtRutberg, J.

This appeal comes to us on an agreed statement of facts pursuant to Dist/Mun. Cts. R A. D. A, Rule 8B; however, the appellant failed to preserve his appellate rights. Stigum v. Skloff, 433 Mass. 1011 (2001). All but one of appellant’s requests for rulings of law were deemed waived by the trial judge as he found them “... not in compliance with [MRCP] Rule 64A(a)....” The remaining ruling that was not deemed waived was allowed. Although appellant’s Rule 8B2 statement states that he “... has appealed the rulings of law entered by the [Trial] Court..,” he never addressed the waiver of his…

2Cases cited3 opinions

  1. Ducker v. DuckerMassachusetts District Court, Appellate Division · 1997
  2. Stigum v. SkloffMassachusetts Supreme Judicial Court · 2001
  3. Washington 138 LLC v. Reivax Properties, LLCMassachusetts District Court, Appellate Division · 2001

3Cited by1 opinion

  1. Trucheon v. Diamond Chevrolet, Inc.Massachusetts District Court, Appellate Division · 2003

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