Photiou v. Del Sordo
Massachusetts District Court, Appellate Division
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
- Ashapa v. ReedMassachusetts Supreme Judicial Court · 1932
- MacDonald v. AdamianMassachusetts Supreme Judicial Court · 1936
- Comfort Air Systems, Inc. v. CacopardoMassachusetts Supreme Judicial Court · 1976
- Okin v. SullivanMassachusetts Supreme Judicial Court · 1940
- Mass. Building Finish Co. v. BrennerMassachusetts Supreme Judicial Court · 1934
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3Cited by10 opinions
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- Rice v. YeghiayanMassachusetts District Court, Appellate Division · 1985
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