Legal Opinion

Mason v. Perlman

Massachusetts District Court, Appellate Division

Decided December 18, 1986PublishedCited by 2 opinions

1Opinion of the CourtForte, J.

The report sub judice attempts to present the following issue: is it error for a trial judge to dismiss a report without a hearing after a timely request for a hearing on the draft report has been filed?

After a finding for the plaintiff was docketed on October 4, 1985, the defendant filed a motion for a new trial and a motion for amendment of findings and judgment. These were denied on October 30,1985. Thirteen days *182later1, the defendant filed a draft report and thirteen days thereafter filed a request for a hearing. The docket indicates that on December 24, 1985 the following entry was made:…

2Cases cited4 opinions

  1. Comfort Air Systems, Inc. v. CacopardoMassachusetts Supreme Judicial Court · 1976
  2. Knowles v. Gilchrist Co.Massachusetts Supreme Judicial Court · 1972
  3. Kelly v. FoleyMassachusetts Supreme Judicial Court · 1933
  4. Peabody Action Realty, Inc. v. FalkowskiMassachusetts District Court, Appellate Division · 1973

3Cited by2 opinions

  1. Barber v. O'ConnorMassachusetts District Court, Appellate Division · 1989
  2. Moniz Excavating Co. v. TupickMassachusetts District Court, Appellate Division · 1990

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