O'HEARN v. CARPENTER


1996 Mass. App. Div. 116 (1996)

Thomas O'Hearn v. Howard Carpenter, Jr.

Massachusetts Appellate Division, Southern District.

June 24, 1996.


Attorney(s) appearing for the Case

Gary V. Nichols for the plaintiff.

John W. Lincoln for the defendant.

Present: Martin, P.J., Hurley & Aguiar, JJ.


Aguiar, J.

This is a petition to extend time for filing an appeal under Rule 14 of the District Municipal Appellate Division Appeal Rules.

The issue of whether there was excusable neglect is a factual one. By denying plaintiff's motion to extend time, the trial judge decided against the plaintiff.

This should not he overturned by the Appellate Division unless there was an abuse of discretion by the trier of fact. This was not the case.

The...

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