Alexander v. Compton

This is a petition to establish the plaintiff’s original draft report which was “constructively disallowed” by the trial judge who prepared and filed his own report. Souza v. Stoney Acres, Inc., 1984 Mass. App. Div. 157, 158.

The docket indicates that upon entry of judgment for the defendants, the plaintiff timely filed the draft report which is the subject of this petition. After a number of hearings to settle the form of the report, the trial judge amended and modified the plaintiff’s draft report withoutthe agreement of the plaintiff, signed the new document and filed the same as the report…