LOCKE v. SLATER


1981 Mass. App. Div. 218 (1981)

Leon R. Locke vs. Joseph F. Slater and another

Massachusetts Appellate Division, Western District.

September 21, 1981.


Attorney(s) appearing for the Case

Cynthia Spinola for the plaintiff.

Michael J. Shepard for the defendant.

Present: McGuane, Larkin & Walsh, JJ.


McGuane, J.

The Appellant has raised only one issue on this appeal.

After the Defendant's Motion to Dismiss was allowed by the Trial Court, the Plaintiff filed a Motion to Reconsider within the ten day period. The Plaintiff now argues that this Motion is a Motion under Dist./Mun.Cts.R.Civ.P., Rule 59 (a), which in effect tolls the running time under Dist./Mun.Cts.R.Civ.P., Rule 64 (c) (1) (iii). This rule provides that a timely Motion filed with the Clerk...

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