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MCS ENTERPRISES, LTD. v. HENRY

2005 Mass. App. Div. 72 (2005)

MCS Enterprises, Ltd. v. William P. Henry.

Massachusetts Appellate Division, Southern District.

June 23, 2005.

Attorney(s) appearing for the Case

Richard E. Gentilli and J. George Anetakis for the plaintiff.

Stephen P. Kolberg for the defendant.

Present: Williams, P.J., Welsh & Barrett, JJ.

Welsh, J.

A trial court clerk dismissed the plaintiff's timely-filed appeal on the basis of an alleged failure to take timely subsequent action to perfect the appeal. The plaintiff's motion to reinstate the appeal was denied after a judicial hearing. We hold that the appeal should not have been dismissed.

Plaintiff MCS Enterprises, Ltd., operating as North Atlantic Kenworth ("Kenworth"), is in the business of servicing and repairing trucks. Defendant William...

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