O'CONNELL AND COMPANY, INC. v. GASSETT


1986 Mass. App. Div. 160 (1986)

O'Connell and Company, Inc. vs. Thomas Gassett

Massachusetts Appellate Division, Northern District.

November 5, 1986.


Attorney(s) appearing for the Case

Thomas G. Waldstein for the plaintiff.

Albert Auburn for the defendant.

Present: Doyle, P.J., Forte & Ruma, JJ.


Ruma, J.

This is a petition to establish the defendant's draft report upon which no action was taken by the trial justice within three months of the filing thereof as required by Dist./Mun. Cts. R. Civ. P., Rule 64 (c) (5).

The defendant claims to be aggrieved by the court's Dist./Mun.Cts. R. Civ.P., Rule 12 (b) (6) dismissal, upon the plaintiff's motion, of the defendant's counterclaim for abuse of process. This dismissal order was entered on September 5...

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