WATERWHEEL REALTY, INC. v. MANGIACOTTI


2001 Mass. App. Div. 245 (2001)

Waterwheel Realty, Inc. v. Anthony A. Mangiacotti

Massachusetts Appellate Division, Western District.

December 31, 2001.


Attorney(s) appearing for the Case

James T. Van Buren for the plaintiff.

Joseph E. Mizhir for the defendant

Present: Brennan, Merrigan & Rutberg, JJ.


Rutberg, J.

This appeal comes to us on an agreed statement of facts pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8B; however, the appellant failed to preserve his appellate rights. Stigum v. Skloff, 433 Mass. 1011 (2001). All but one of appellant's requests for rulings of law were deemed waived by the trial judge as he found them "... not in compliance with [MRCP] Rule 64A(a). ..." The remaining ruling that was not deemed waived was allowed. Although...

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