seal

Court Case Record COMMONWEALTH vs. CAMBRIDGE HOUSING AUTHORITY 2011-J-0525 UID(8ccc)


COMMONWEALTH vs. CAMBRIDGE HOUSING AUTHORITY Court Case Record

Court Case Number: 2011-J-0525


 
Case Number2011-J-0525
Case TitleCOMMONWEALTH vs. CAMBRIDGE HOUSING AUTHORITY
Case TypeCivil
StateMassachusetts, MA
CountyMiddlesex
CourtMiddlesex Superior Court
Court Address
Phone
Field Date12/14/2011
Close Date12/20/2011

Parties

CounselNameType
Maura T. Healey, Assistant Attorney GeneralCommonwealthPlaintiff
John Egan, EsquireCambridge Housing AuthorityDefendant/Respondent
Heidi EricksonPro Se Other/petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
12/14/2011 #1 Appeal entered pursuant to M.G.L.c. 261, § 27(D) with attachments.
12/15/2011 #2 Notice of defective/deficient assembly appeal GLc 261, § 27D, filed by Heidi Erickson.
12/20/2011 #3 ORDER: Heidi Erickson, intervener in the above-captioned matter, appeals from a November 30, 2011 order of the Superior Court that denied, without a hearing, her motion for waiver of the extra costs associated with the production of certain hearing transcripts that she deemed necessary for her appeal from the underlying judgment in this matter (paper #112) General Laws c. 261, § 27(C)(4) states, in relevant part: The court shall not deny any request without first holding a hearing thereon; and if there is an appeal pursuant to section twenty-seven D following a denial, the court shall, within three days, set forth its written findings and reasons justifying such denial, which document shall be part of the record on appeal. While insufficiency of cause, and not indigency, appears to be the basis of the judge's decision, and may be implicit in her denial, the statute requires a hearing, findings and reasons. Since the record does not show that a hearing occurred, nor were findings expressly made, the appeal is vacated as premature and remanded to the Middlesex Superior Court for the intervener to be heard as to the need of a transcript, and for findings and reasons. A copy of said findings and reasons are to be included with the new assembly. (Mills, J.) Notice/Attest.