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Court Case Record CYNTHIA WALKER vs. JOHN DEREK WALKER 2002-P-1585 UID(eac2)


CYNTHIA WALKER vs. JOHN DEREK WALKER Court Case Record

Court Case Number: 2002-P-1585


 
Case Number2002-P-1585
Case TitleCYNTHIA WALKER vs. JOHN DEREK WALKER
Case TypeCivil
StateMassachusetts, MA
CountyEssex Probate & Family
CourtEssex Probate & Family
Court Address
Phone
Field Date
Close Date06/07/2004

Parties

CounselNameType
Deborah L. McCutcheon, EsquireCynthia WalkerPlaintiff/Appellant
John S. Legasey, EsquireJohn Derek WalkerDefendant/Appellee
DOCKET ENTRIES
Entry Date Paper Entry Text
08/26/2003 #1 Entered.
08/28/2003 #2 MOTION to extend brief & appendix due date, filed by Cynthia Walker.
08/28/2003 #3 RE#2: Allowed to 02/18/2003 for filing of brief of Cynthia Walker, Plaintiff/Appellant. No further enlargements. *Notice.
08/28/2003 #4 SERVICE of brief & appendix for Plaintiff/Appellant Cynthia Walker. (Appx. - 1 vol, Trans. - 1 vol.)
09/05/2003 #5 MOTION to extend brief due date of John Derek Walker.
09/08/2003 #6 RE#4: Allowed to 04/14/2003 for filing of brief of John Derek Walker, Defendant/Appellee. No further enlargements for same or similar reasons. *Notice.
09/09/2003 #7 SERVICE of brief for Defendant/Appellee John Derek Walker.
12/16/2003 #8 SERVICE of reply brief for Plaintiff/Appellant Cynthia Walker.
01/16/2004 #9 Motion to correct appellant's reply brief, filed by Cynthia Walker.
11/26/2002 #10 RE#7: Allowed. As a courtesy, the corrected page 10 has been inserted into the defendant's reply briefs by the clerk's office. *Notice.
12/11/2002 #11 Copy of amended order on Motion for Evidentiary Hearing received from Essex Probate & Family Court.
12/11/2002 #12 MOTION to stay "intended" modification of judgment appealed and entered in this court, filed by Cynthia Walker.
02/13/2003 #13 Telephone Notice of 08/28/2003 hearing at 10:00 AM before Cohen, J. in Courtroom 1006.
03/04/2003 #14 OPPOSITION to paper #8, filed by John Derek Walker.
03/04/2003 #15 Hearing held.
04/11/2003 #16 Appearance of Deborah L. McCutcheon, Esquire for Cynthia Walker.
04/28/2003 Appearance of John E. Quigley, Esquire for John Derek Walker.
05/02/2003 RE#8 In the absence of leave from the appellate court, the trial judge lacks jurisdiction to make changes to a judgment that is the subject of a pending appeal. See Hennessey v. Sarkis, 54 Mass App. Ct. 152, 154-155 (2002); Springfield Redevelopment Authority v. Garcia, 44 Mass. Appt. Ct. 432, 434-435 (1998). Accordingly, treating the within motion as a motion to stay proceedings in the Probate and Family Court to amend or modify the judgment on appeal, the motion is allowed. (Cohen, J.) *Notice/attest/Rocket, J.
05/02/2003 Letter from Deborah L. McCutcheon, Esq. re: that the Appellant and the Appellee were unable to agree upon a mutual security arrangement.
06/18/2003 RE#12 Noted. *Notice.
08/19/2003 Notice of 01/16/2004, 9:30 A.M. argument sent.
08/20/2003 Oral argument held. (MC CO GN).