Legal Opinion

Photiou v. Del Sordo

Massachusetts District Court, Appellate Division

Decided November 2, 1982PublishedCited by 10 opinions

1Opinion of the CourtCowdrey, P.J.

This is a petition to establish the plaintiffs draft report.

1. We note initially that the plaintiff’s petition to establish was not seasonably filed. The trial court disallowed the plaintiff s draft report herein on March 6,1981. Rule 64(e) of the Dist./Mun. Cts. R. Ci v. P. mandates that a petition to establish shall be submitted within five days after notice of disallowance. The petition sub judice was not filed, however, until March 31, 1981, a full twenty-five days after draft report disallowance. The plaintiffs peition must, therefore, be denied as untimely. Massachusetts Drug Co., v.…

2Cases cited23 opinions

  1. Ashapa v. ReedMassachusetts Supreme Judicial Court · 1932
  2. MacDonald v. AdamianMassachusetts Supreme Judicial Court · 1936
  3. Comfort Air Systems, Inc. v. CacopardoMassachusetts Supreme Judicial Court · 1976
  4. Okin v. SullivanMassachusetts Supreme Judicial Court · 1940
  5. Mass. Building Finish Co. v. BrennerMassachusetts Supreme Judicial Court · 1934

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3Cited by10 opinions

  1. Concord Oil Co. v. PalmerMassachusetts District Court, Appellate Division · 1984
  2. Murphy v. HamedMassachusetts District Court, Appellate Division · 1985
  3. Randazzo v. O'BrienMassachusetts District Court, Appellate Division · 1984
  4. Bifano v. Patten's Plumbing & Heating Co.Massachusetts District Court, Appellate Division · 1984
  5. Rice v. YeghiayanMassachusetts District Court, Appellate Division · 1985

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