Court Case Record BERNADINE SMITH vs. CITIFINANCIAL MORTGAGE COMPANY & another 2012-P-0811 UID(21f1)


Court Case Number: 2012-P-0811

Case Number2012-P-0811
Case TypeCivil
StateMassachusetts, MA
CourtHampden Superior Court
Court Address
Field Date10/04/2007
Close Date04/24/2013


Bernadine SmithPro Se Plaintiff/Appellant
Citifinancial Mortgage CompanyDefendant/Appellee
CitiMortgage, Inc.Defendant/Appellee
Entry Date Paper Entry Text
05/15/2012 #1 Fee waived per 12-J-0181.
05/15/2012 #2 Entered.
05/15/2012 #3 Notice of entry sent.
06/22/2012 #4 MOTION for stay in order to file brief, filed by Bernadine Smith.
06/22/2012 #5 RE#3: Allowed. Appellate proceedings STAYED to 09/04/2012. Status report due 09/04/12 as to completion of the transcript. Notice
09/07/2012 #6 Motion to amend defendant name to include "and/or OneMain Financial, Inc., filed by Bernadine Smith.
09/07/2012 #7 Motion for entrance of additional documents into plaintiff's brief at later date, filed by Bernadine Smith.
09/07/2012 #8 MOTION to extend brief & appendix due date, filed by Bernadine Smith.
09/10/2012 #9 RE#4: Denied without prejudice to refiling in the trial court. *Notice.
09/10/2012 #10 RE#5: The within is treated as appellant's motion to enlarge time beyond that requested in paper #6 to file her brief, and is allowed to 10/10/12 so as to give appellant time to obtain documents necessary for her appeal. Appellant is cautioned that all documents necessary for her appeal are to be included in the record appendix filed with this court as piecemeal filing of papers is not permitted. Appellant is further cautioned that the appellate record includes only those documents that were part of the trial court record. *Notice.
09/10/2012 #11 RE#6: See court's 9/10/12 action on paper #5. *Notice.
09/10/2012 #12 SERVICE of brief & appendix for Plaintiff/Appellant Bernadine Smith.
10/15/2012 Motion to amend appellant's brief, filed by Bernadine Smith.
10/16/2012 RE#8: Allowed. The amended brief is accepted for filing and the briefs on file will be discarded. *Notice.
10/15/2012 SERVICE of replacement brief & appendix for Plaintiff/Appellant Bernadine Smith.
03/29/2013 Under consideration by Panel. (Katzmann, J., Meade, J., Sullivan, J.).
04/09/2013 MEMORANDUM AND ORDER: The plaintiff appeals from the dismissal of her complaint for failure to comply with a judge's order. The complaint was dismissed on April 8, 2011. However, the plaintiff did not file her notice of appeal until July 19, 2011, which makes this appeal untimely. See Mass.R.A.P 4(a), as amended, 430 Mass. 1603 (1999) (in a civil case, a notice of appeal must be filed "within thirty days of the date of the entry of the judgment appealed from"). Although the plaintiff twice moved for reconsideration, neither motion was filed (or served) within ten days of the judgment of dismissal. As such, neither motion for reconsideration extended the appeal period. See Mass.R.Civ.P. 59(e), 365 Mass. 827 (1974). See also Muir v. Hall, 37 Mass. App. Ct. 38, 40-41 (1994) (untimely rule 59[e] motion does not extend appeal period); Piedra v. Mercy Hosp., Inc., 39 Mass. App. Ct. 184, 186-188 & nn.3-5 (1995) (same). In this posture, the appeal must be dismissed as untimely. Appeal dismissed. (Katzmann, Meade & Sullivan, JJ.) *Notice/Attest. Footnote: (1) CitiMortgage, Inc.
04/23/2013 PETITION for Rehearing, filed by Bernadine Smith.@
04/24/2013 ORDER: The petition for rehearing filed by the plaintiff-appellant having been considered, it is ordered that the petition be, and the same hereby is, denied. (Katzmann, Meade & Sullivan, JJ.) *Notice.