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Court Case Record AMERIQUEST MORTGAGE SECURITIES INC vs. GINA M. GRANDBERRY 2014-P-0337 UID(1451)


AMERIQUEST MORTGAGE SECURITIES INC vs. GINA M. GRANDBERRY Court Case Record

Court Case Number: 2014-P-0337


 
Case Number2014-P-0337
Case TitleAMERIQUEST MORTGAGE SECURITIES INC vs. GINA M. GRANDBERRY
Case TypeCivil
StateMassachusetts, MA
CountyHousing . Northeast
CourtHousing Court. Northeast
Court Address
Phone
Field Date03/12/2012
Close Date04/04/2014

Parties

CounselNameType
David W. Merritt, Esquire David A. Marsocci, EsquireAmeriquest Mortgage Securities IPlaintiff/Appellant
Marc W. Potvin, EsquireGina M. GrandberryDefendant/Appellee
DOCKET ENTRIES
Entry Date Paper Entry Text
03/12/2014 #1 Entered.
03/12/2014 #2 Notice of entry sent.
03/24/2014 #3 MOTION to Dismiss, filed by Gina M. Grandberry.
03/28/2014 #4 OPPOSITION to paper #2, filed by Ameriquest Mortgage Securities Inc.
04/01/2014 #5 Docketing Statement received from Ameriquest Mortgage Securities Inc. (Paper Filing)
04/02/2014 RE#4: The within document is to be filed forthwith by emailing a PDF including any attachments and certificate of service to emotions@appct.state.ma.us *Notice.
04/07/2014 Opposition to appellee's motion to dismiss for Ameriquest Mortgage Securities Inc received by email. Rejection email sent for the following reason: the case has not been assigned to a panel; a paper copy or copies must be filed with the court instead.
04/07/2014 Memo: PDF of docketing statement received. ^
04/04/2014 ORDER: The notice of appeal was untimely because it was not filed within ten days of entry of judgment. G. L. c. 239, ยง 5. The plaintiff argues that the fault lies with the Housing Court's clerk's office, contending that it mailed its notice on October 10, 2013, eight days after entry of judgment. The record does not support these assertions: the certificate of service does not state on which day the notice of appeal was mailed, and there is no other affidavit stating the date of mailing. The fact that the notice is dated October 10, 2013 does not -- standing alone -- establish the date of mailing, particularly since the certificate of service is noticeably silent on the point. Regardless, the statute requires that the notice of appeal be filed (not mailed) within ten days of entry of judgment, and there is no dispute that the notice was not filed until October 16, fourteen days after entry of judgment. The statutory period cannot be enlarged. Liberty Mobilehome Sales, Inc. v. Bernard, 6 Mass. App. Ct. 914, 914 (1978). The motion to dismiss is accordingly allowed. (Cypher, Trainor & Wolohojian, JJ.). *Notice/Attest.