Court Case Record AMY E. HUNTER vs. MIKO ROSE 2011-J-0160 UID(0a5c)

AMY E. HUNTER vs. MIKO ROSE Court Case Record

Court Case Number: 2011-J-0160

Case Number2011-J-0160
Case TypeCivil
StateMassachusetts, MA
CountyEssex Probate & Family
CourtEssex Probate & Family
Court Address
Field Date04/22/2011
Close Date04/22/2011


Joyce Kauffman, EsquireAmy E. HunterPlaintiff/Respondent
Regina M. Hurley, Esquire John Foskett, EsquireMiko RoseDefendant/Petitioner
Judith N. Cowan, EsquireChildrenOther/respondent
Entry Date Paper Entry Text
04/22/2011 #1 Motion for stay under M.R.A.P. 6(a) with attachments, filed by Miko Rose.
04/22/2011 #2 Opposition to Motion to Stay, filed by Amy E. Hunter.
04/22/2011 #3 ORDER: The defendant has filed a motion pursuant to Mass.R.A.P. 6(a), seeking a stay of that part of the Judgment of the Probate and Family Court, dated April 19, 2011, which orders the defendant to return the plaintiff's and defendant's three-year-old child, Jordan, to Massachusetts no later than April 24, 2011. Although it does not appear that any Massachusetts cases explicitly identify the factors justifying a stay pending appeal under Mass.R.A.P. 6(a), since that rule is patterned Fed. R. App. P. 8, we give it the same construction as the corresponding Federal provision. See Vyskocil v. Vyskocil, 376 Mass. 137, 139 (1978). Factors regulating the issuance of a stay are: (1) whether the stay applicant has made a strong showing that [s]he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies. Id. at 776. Upon consideration of the petition, the memoranda and other papers filed in support and in opposition, as well as the legal standards which govern, the petitioner has not made the requisite showing for the grant of a stay of execution pending appeal (Fecteau, J.). Notice/attest/McCauley Manzi, J./image
04/26/2011 #4 Motion to strike appearance and objection of "GAL/Next Friend", filed by Miko Rose.
04/29/2011 #5 Opposition to paper #4, filed by Amy E. Hunter.