POWERS v. CAPLAN


1985 Mass. App. Div. 14 (1985)

Francis Powers vs. Marvin Caplan

Massachusetts Appellate Division, Northern District.

January 4, 1985.


Attorney(s) appearing for the Case

Sumner B. Gillette for the plaintiff.

Charles A. Clifford for the defendant.

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


Cowdrey, 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...

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