Public-domain · open source
OpenJurist

1983 Mass. App. Div. 106

Traver v. Davidson

Massachusetts District Court, Appellate Division · decided 1983-03-28

Cited by 2 later decisions — most recently December 1984

2 state decisions

Relies on Gallagher v. Atkins · Arciero v. Eagle Realty Associates, Inc. · 57 Mass. App. Dec. 27 - Lane v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1983-03-28

View the full empirical analysis of this case →

Banks, J.

¶1This is a petition to establish the defendant’s draft report which was dismissed by the trial court.

¶2The defendant did not appear at oral argument, and this petition is thus subject to dismissal for lack of prosecution.

¶3It is also evidence that the defendant has proceeded erroneously by way of a petition to establish. The dismissal of a draft report can be reviewed and remedied solely upon a report of the dismissal to this Division. Dist./Mun. Cts. R. Civ. P. Rule 64 (c)(6); Gallagher v. Atkins, 305 Mass. 261, 264-265 (1940); Arciero v. Eagle Realty Assoc. Inc., 1982 Mass. App. Div. 203, 204; Lane v. Smith, 57 Mass. App. Dec. 27, 28 (1975).

¶4The defendant’s petition to establish is denied.

/1983/massappdiv/106 · .json · Public domain