Randazzo v. O'Brien

This action is in contract to recover for masonry work. After trial and findings for the plaintiff, the report before us had to be established by the Appellate Division. Sebastian v. Randazzo, 1984 Mass. App. Div. 220. Although many issues were presented by the established report, most have been waived by the defendant’s failure to brief the issues, see Dist./Mun. Cts. R. Civ. P., Rule 64(f), or by the defendant’s express waiver at oral argument. The following issues remain for appellate consideration:

1. The trial judge’s failure to act upon the defendant’s requests for rulings (therefore…