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1996 Mass. App. Div. 116

O'Hearn v. Carpenter

Massachusetts District Court, Appellate Division · decided 1996-06-24

Decided 1996-06-24

Aguiar, J.

¶1This is a petition to extend time for filing an appeal under Rule 14 of the District Municipal Appellate Division Appeal Rules.

¶2The issue of whether there was excusable neglect is a factual one. By denying plaintiff’s motion to extend time, the trial judge decided against the plaintiff.

¶3This should not he overturned by the Appellate Division unless there was an abuse of discretion by the trier of fact. This was not the case.

¶4The petition is denied.

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