Berkowitz v. Peters Fabrics, Inc.

Mass. Dist. Ct., App. Div.

Berkowitz v. Peters Fabrics, Inc.

56 Mass. App. Dec. 40

CourtMassachusetts District Court, Appellate Division

DecidedJuly 17, 1975

DocketNo. 8350; No.: 398

StatusPublished

Cited by2 cases

This text of 56 Mass. App. Dec. 40 (Berkowitz v. Peters Fabrics, Inc.) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berkowitz v. Peters Fabrics, Inc., 56 Mass. App. Dec. 40 (Mass. Ct. App. 1975).

Pincite

Opinion

Forte, J.

After a trial and a finding for the plaintiff, the defendant filed a draft report, and at the hearing thereon, the trial justice ordered "a new draft report conforming to the rules to be filed on or before March 31, 1975.” None was so filed and on April 2, 1975 the draft report was disallowed. Thereafter, this petition to establish does not set forth the draft report as required by Rule 30, Rules of the District Courts (1965). Conn. Bank & Trust Co. v. Phaneuf, 37 Mass. App. Dec. 196 (1967).

. . (Rules of court regulating appellate procedure are construed strictly, Framigletti v. Neviakas, 324 [41]*41Mass. 70, 72 (1949). Rules of court have the force of law, are binding upon the court and parties, and cannot be waived or ignored. Flynn, Pet. 265 Mass. 310, 313 (1928).

Therefore, because of non-compliance with Rule 30, the petition must be denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Forte, J.

After a trial and a finding for the plaintiff, the defendant filed a draft report, and at the hearing thereon, the trial justice ordered "a new draft report conforming to the rules to be filed on or before March 31, 1975.” None was so filed and on April 2, 1975 the draft report was disallowed. Thereafter, this petition to establish does not set forth the draft report as required by Rule 30, Rules of the District Courts (1965). Conn. Bank & Trust Co. v. Phaneuf, 37 Mass. App. Dec. 196 (1967).

. . (Rules of court regulating appellate procedure are construed strictly, Framigletti v. Neviakas, 324 [41]*41Mass. 70, 72 (1949). Rules of court have the force of law, are binding upon the court and parties, and cannot be waived or ignored. Flynn, Pet. 265 Mass. 310, 313 (1928).

Therefore, because of non-compliance with Rule 30, the petition must be denied.

Cite This Page — Counsel Stack

Bluebook (online)

56 Mass. App. Dec. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berkowitz-v-peters-fabrics-inc-massdistctapp-1975.

Opinion

Related

Cite This Page — Counsel Stack