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Court Case Record BARKAN MANAGEMENT COMPANY, INC. vs. CHERYL HUTCHINSON 2010-J-0402 UID(2422)


BARKAN MANAGEMENT COMPANY, INC. vs. CHERYL HUTCHINSON Court Case Record

Court Case Number: 2010-J-0402


 
Case Number2010-J-0402
Case TitleBARKAN MANAGEMENT COMPANY, INC. vs. CHERYL HUTCHINSON
Case TypeCivil
StateMassachusetts, MA
CountyConcord District, MI
CourtConcord District, MI
Court Address
Phone
Field Date09/08/2010
Close Date05/31/2011

Parties

CounselNameType
Catherine F. Downing, EsquireBarkan Management Company, Inc.Plaintiff/Petitioner
Cheryl HutchinsonPro Se Defendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
09/08/2010 #1 PETITION pursuant to G.L. c. 231, s. 118 with attach, filed by Barkan Management Company, Inc.
09/15/2010 #2 MEMORANDUM AND ORDER: "...G. L. c. 239 § 9 provides...a stay...may be granted...statute prohibits...granting of...stay...where, as...tenancy was terminated for nonpayment of rent...stay...is vacated." (Graham, J.) *Notice/Attest/Image.
09/20/2010 #3 Motion to reconsider or vacate paper #2 filed by Cheryl Hutchinson.
09/21/2010 #4 ORDER: The defendant has filed a motion for reconsideration of the order entered by the single justice's order on September 15, 2010. After review, the order of September 15, 2010, is hereby vacated. The single justice was without authority to grant the relief requested under G. L. c. 231, § 118 (first par.), because the matter arose in the District Court. Also, it appears the single justice has no authority under Mass.R.A.P. 6 (stay of judgment pending appeal) because the defendant did not file a timely notice of appeal from the judgment. The single justice's order of September 15, 2010, is hereby vacated. All relief requested by the plaintiff, Barkan Management Company, Inc., is hereby denied. (Graham, J.). Notice/attest/Yee, J./image
12/15/2010 #5 Petition to have a three justice review of an Appellate Court decision made by Justice Robert V. Greco, November 9, 2010, filed by Cheryl Hutchinson.
05/19/2011 #6 Letter from Cheryl Hutchinson re: status of case.
05/19/2011 #7 Letter from Cheryl Hutchinson, Pro Se Defendant/Respondent re: Status of motion.
05/31/2011 #8 Faxed copy of docket received this date.
05/31/2011 RE#7: Pursuant to G.L. c. 231, § 118(a), to the extent that the single justice of the appellate division's order of 11/9/10 could be construed as granting plaintiff's petition for relief, any appeal therefrom is taken by filing a notice of appeal in the district court. The "petition to have a three justice review" filed by the defendant in this court on 12/15/10 was treated as a notice of appeal pursuant to MRAP 4(a), and transmitted to the district court on 12/17/10 for further action. It is noted that the trial court docket reflects receipt of this notice of appeal, and that the parties filed a stipulation of dismissal on 5/5/10. *Notice/Attest
06/28/2011 RE#7: (Clarification) To clarify the record in this matter, on December 15, 2010, the defendant filed with this court a "petition to have three justice review" of a decision of a Single Justice of the Appellate Division of the District Court. The Single Justice's decision had been entered on the docket of the Appellate Division on November 9, 2010. The defendant's December 15, 2010 filing with this court was treated as a notice of appeal, and pursuant to MRAP 4(a), transmitted to the Concord District Court on December 17, 2010. Receipt of this document from the Appeals Court was entered on the District Court docket on December 28, 2010. To date, this court is not in receipt of a notice of assembly of the record from the District Court; thus there is no appeal to enter. See MRAP 9(a) and 10(a). As the defendant's notice of appeal from the order of the Single Justice appears not to have been timely, since it was filed more than 30 days after entry of the order, she may elect to seek relief from a Single Justice of this court by filing a motion to file a late notice of appeal from that order. To do so, the defendant must include with her motion a Single Justice filing fee, and an affidavit explaining excusable neglect for the late filing, and the meritorious issues to be raised on appeal. See Tisei v. Building Inspector of Marlborough, 3 Mass.App.Ct. 377, 378-379 (1975). (Kantrowitz, J.). *Notice/attest