DOTEN v. DOTEN


395 Mass. 135 (1985)

479 N.E.2d 132

PATTI Z. DOTEN vs. BRUCE E. DOTEN.

Supreme Judicial Court of Massachusetts, Plymouth.

June 10, 1985.


Attorney(s) appearing for the Case

John J. Perenyi for the defendant.

Ira L. Lipman for the plaintiff.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, & LYNCH, JJ.


BY THE COURT.

The defendant appeals from an order of the Probate Court dismissing his appeal from a judgment nisi of divorce because of his failure to order a transcript, as required by Mass. R.A.P. 8 (b) (1), as appearing in 378 Mass. 924 (1979). We transferred the case to this court on our own motion, and we affirm.

The defendant argues that his appeal should not have been dismissed for failure to order a transcript since no evidentiary hearing occurred...

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