O'Connell & Co. v. Gassett

This is a petition to establish the defendant’s draft report upon which no action was taken by the trial justice within three months of the filing thereof as required by Dist./Mun. Cts. R. Civ. P., Rule 64 (c) (5).

The defendant claims to be aggrieved by the court’s Dist./Mun. Cts. R. Civ. P., Rule 12 (b) (6) dismissal, upon the plaintiffs motion, of the defendant’s counterclaim for abuse of process. This dismissal order was entered on September 6,1984, and the defendant filed a timely request for a report and draft report on September 12, 1984.

No action was taken by the trial judge upon the…