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PIERCE v. HANSEN ENGINEERING & MACHINERY CO., INC.

No. 18-P-1355.

95 Mass. App. Ct. 713 (2019)

EDWARD R. PIERCE, v. HANSEN ENGINEERING & MACHINERY CO., INC., & another.

Appeals Court of Massachusetts, Essex.

July 31, 2019.

Attorney(s) appearing for the Case

John A. Kiernan ( Robert E. Koosa also present) for the defendants.

John P. Wilton for the plaintiff.

Present: AGNES, SHIN, & WENDLANDT, JJ.

In this appeal, we reaffirm that garden variety miscommunication between a party's lawyers, each of whom purportedly believed in "good faith" that the other would file the notice of appeal, fails to meet the showing of "excusable neglect" required under Mass. R. A. P. 4(c), as amended, 378 Mass. 928 (1979),2

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