Fijal v. Przedpelski

Mass. Dist. Ct., App. Div.

Fijal v. Przedpelski

1991 Mass. App. Div. 15

CourtMassachusetts District Court, Appellate Division

DecidedJanuary 17, 1991

StatusPublished

This text of 1991 Mass. App. Div. 15 (Fijal v. Przedpelski) 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

Fijal v. Przedpelski, 1991 Mass. App. Div. 15 (Mass. Ct. App. 1991).

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Opinion

Turcotte, PJ.

This case game to the Appellate Division on a petition to establish a report that had been disallowed by the trial judge without giving any reason. Dist./ Ct. Mun. R. Civ. P., Rule 64(c)(4), (c)(5) and (e) provides that a report may be disallowed for failure to comply with an order as to form, or because the report did not conform to the facts. If disallowed for any reason the trial justice shall set forth in writing the facts and reasons for the disallowance. This procedure is required in anticipation of a petition to establish the report toward the end that the petition to establish be allowed or denied by the Appellate Division. In order to decide whether the petition to establish be allowed or denied the true facts must be known by the Appellate Division, or that the petition failed to comply with an order of the court

Case is recommitted for amplification, and the trial judge is to set out in writing the facts and reasons for the disallowance.

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Turcotte, PJ.

This case game to the Appellate Division on a petition to establish a report that had been disallowed by the trial judge without giving any reason. Dist./ Ct. Mun. R. Civ. P., Rule 64(c)(4), (c)(5) and (e) provides that a report may be disallowed for failure to comply with an order as to form, or because the report did not conform to the facts. If disallowed for any reason the trial justice shall set forth in writing the facts and reasons for the disallowance. This procedure is required in anticipation of a petition to establish the report toward the end that the petition to establish be allowed or denied by the Appellate Division. In order to decide whether the petition to establish be allowed or denied the true facts must be known by the Appellate Division, or that the petition failed to comply with an order of the court

Case is recommitted for amplification, and the trial judge is to set out in writing the facts and reasons for the disallowance.

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Bluebook (online)

1991 Mass. App. Div. 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fijal-v-przedpelski-massdistctapp-1991.