HEINZ v. GANLEY


1996 Mass. App. Div. 51 (1996)

Frederick P. Heinz, and another v. Lawrence W. Ganley

Massachusetts Appellate Division, Southern District.

March 18, 1996.


Attorney(s) appearing for the Case

John S. White for the plaintiffs.

Michael J. Duggan for the defendant.

Present: Martin, P.J., Hurley & Rivard-Rapoza, JJ.


Rivard-Rapoza, J.

The issue before the court is whether the defendant's appeal should be dismissed pursuant to Rule 19 of the District/Municipal Courts Rules for Appellate Division Appeals where the defendant/appellant failed to file a brief at any point during his appeal, up to and including the scheduled date for oral argument.

Background

The plaintiffs filed suit against the defendant to recover on a note signed by the defendant and his now-deceased...

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