Boyd v. Boston Furniture Co.

This is a petition to establish the defendant’s draft report which was dismissed by the trial justice.

It is well established that a dismissal of a draft report can be reviewed and remedied solely upon a report of the dismissal order to this Division. Dist./Mun. Cts. R. Civ. P., Rule 64(c) (6); Federal Deposit Ins. Corp. v. Daniel, 1984 Mass. App. Div. 98; Little v. Heimlich, 1980 Mass. App. Div. 122. The defendant’s petition to establish would have been procedurally appropriate only if the defendant’s draft report had been “disallowed” rather than dismissed. Dist./Mun. Cts. R. Civ. P., Rule…