FIJAL v. PRZEDPELSKI


1991 Mass. App. Div. 15 (1991)

Edward Fijal, and another vs. Walter Przedpelski

Massachusetts Appellate Division, Western District.

January 17, 1991.


Attorney(s) appearing for the Case

Donald W. Blakesley for the plaintiffs.

Michael P. Ascher for the defendant.

Present: Turcotte, P.J., Dohoney & McGuane, JJ.


Turcotte, P.J.

This case game to the Appellate Division on a petition to establish a report that had been disallowed by the trial judge without giving any reason. Dist./Ct. Mun. R. Civ. P., Rule 64(c)(4), (c)(5) and (e) provides that a report may be disallowed for failure to comply with an order as to form, or because the report did not conform to the facts. If disallowed for any reason the trial justice shall set forth in writing the facts and reasons for the disallowance...

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