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Court Case Record CATHERINE RICH-DUVAL vs. SYLVIA SMITH 2013-J-0170 UID(c34a)


CATHERINE RICH-DUVAL vs. SYLVIA SMITH Court Case Record

Court Case Number: 2013-J-0170


 
Case Number2013-J-0170
Case TitleCATHERINE RICH-DUVAL vs. SYLVIA SMITH
Case TypeCivil
StateMassachusetts, MA
CountyBoston Housing
CourtBoston Housing Court
Court Address
Phone
Field Date04/25/2013
Close Date05/07/2013

Parties

CounselNameType
Marshall J. Handly, EsquireCatherine Rich-DuvalPlaintiff/Respondent
Sylvia SmithPro Se Defendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
04/25/2013 #1 Appeal entered pursuant to M.G.L.c. 239, § 5 with attachments.^
04/26/2013 #2 Notice for hearing before Green, J. on May 7, 2013 at 2:30 P.M., in Courtroom 4.
05/07/2013 #3 Hearing held.
05/07/2013 #4 Appearance of Attorney Marshall J. Handly for Catherine Rich-Duval.
05/07/2013 #5 Appearance of Attorney Sylvia Smith, Pro Se Defendant/Petitioner.
05/07/2013 ORDER: After hearing, and upon consideration of the record materials transmitted by the housing court pertaining to this appeal, including the written memorandum of decision by the motion judge explaining her reasons for denying the motion, the order denying the defendant's motion for waiver of the appeal bond, under G. L. c. 239, § 5, is AFFIRMED. The record does not establish any error in the motion judge's conclusion that the defendant has no defense that is not frivolous[1]. In particular, the trial judge rejected the factual grounds upon which the defendant opposed the plaintiff's action for possession, and the defendant has shown no basis upon which she has "a prayer of a chance" to set aside the trial judge's factual findings on appeal. Order denying motion to waive appeal bond affirmed (Green, J.). Notice/Attest/Muirhead, J. Footnotes (1) The motion judge was also the trial judge in this matter.