PHOTIOU v. SORDO


1982 Mass. App. Div. 251 (1982)

Photios J. Photiou vs. Charles Del Sordo

Massachusetts Appellate Division, Northern District.

November 2, 1982.


Attorney(s) appearing for the Case

Emmanual N. Papanickolas for the plaintiff.

Stephen B. Carreiro for the defendant.

Present: Cowdrey, P.J., Banks & Jodrey, JJ.


Cowdrey, P.J.

This is a petition to establish the plaintiff's draft report.

1. We note initially that the plaintiff's petition to establish was not seasonably filed. The trial court disallowed the plaintiff's draft report herein on March 6, 1981. Rule 64(e) of the Dist./Mun. Cts. R. Civ. P. mandates that a petition to establish shall be submitted within five days after notice of disallowance. The petition sub judice was not filed, however, until March 31,...

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