Legal Opinion
Powers v. Caplan
Massachusetts District Court, Appellate Division
Decided January 4, 1985PublishedCited by 8 opinions
1Opinion of the CourtCowdrey, P.J.
This is a petition to establish the defendant’s draft report upon which no action was taken by the trial court within three months of the filing thereof. Dist./Mun. Cts. R. Civ. P., Rule 64(c)(5).
Appellate consideration of the defendant’s petition and draft report has been needlessly complicated by the existence of a report prepared by the plaintiff-appellee and signed by the trial justice.
The post-judgment procedural progression of this case may be summarized as follows: A finding for the plaintiff as entered in the trial court on November 17,1982. The defendant seasonably filed the draft…
2Cases cited22 opinions
- Brown v. GersteinMassachusetts Appeals Court · 1984
- Herman v. FineMassachusetts Supreme Judicial Court · 1943
- Cook v. KozlowskiMassachusetts Supreme Judicial Court · 1967
- Comfort Air Systems, Inc. v. CacopardoMassachusetts Supreme Judicial Court · 1976
- Kelly v. FoleyMassachusetts Supreme Judicial Court · 1933
17 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sellars v. Shaughnessy Crane Service, Inc.Massachusetts District Court, Appellate Division · 1988
- Rice v. YeghiayanMassachusetts District Court, Appellate Division · 1985
- Alexander v. ComptonMassachusetts District Court, Appellate Division · 1991
- Hatem v. Merrimack Lincoln-Mercury, Inc.Massachusetts District Court, Appellate Division · 1988
- Rood v. TolleyMassachusetts District Court, Appellate Division · 1988
3 more not listed; retrieve them via the Exa API.