Court Case Record DIANE GORSKI VIVEIROS vs. STEPHEN J. MCISAAC 2004-P-0308 UID(1f13)


Court Case Number: 2004-P-0308

Case Number2004-P-0308
Case TypeCivil
StateMassachusetts, MA
CountyMiddlesex Probate & Fam
CourtMiddlesex Probate & Fam
Court Address
Field Date09/19/1997
Close Date06/07/2005


Beth S. Herr, EsquireDiane Gorski ViveirosPlaintiff/Appellee
Stephen J. McIsaacPro Se Defendant/Appellant
Entry Date Paper Entry Text
03/01/2004 #1 Prior A.C. cases involving same parties: 1999-J-0745, 2001-J-0096, 1999-J-0188, 2000-J-0379, 2000-J-0536, 2002-J-0016.
03/01/2004 #2 Entered.
04/12/2004 #3 MOTION to consolidate appeals, enlarge deadline for filing brief and, enlarge page limit, filed by Stephen J. McIsaac.
04/12/2004 #4 RE#2: Denied without prejudice to renewal indentifying the appeals to be consolidated. Notice.
05/03/2004 #5 Notice preceding dismissal: Rule 17A.
05/17/2004 #6 ORDER: DISMISSAL under Rule 17A.
05/17/2004 #7 MOTION to consolidate appeals, filed by Stephen J. McIssac.
06/02/2004 #8 Notice of dismissal to Trial Court: 17A. (Imaged)
06/03/2004 #9 RE#3: The defendant's motion to consolidate the defendant's instant appeal with his appeals from other orders that arose from the complaint for contempt is allowed only as to those orders from which the defendant filed a timely notice of appeal. No further assembly of the record is necessary. The court notes that the Probate Court's docket indicates that the defendant filed late notices of appeal on 8/27/99 from the 7/26/99 order, and on 10/01/99 from the 8/30/99 order. Also, the docket does not indicate a timely notice of appeal was filed from the 12/13/99 order. The request for an enlargement of time to file the defendant's brief and record appendix on the consolidated appeals is allowed to 7/12/04. The request to exceed the 50 page limit is denied. The defendant is to file seven sopies of a 50 page brief that addresses all of his consolidated appeals. (Kantrowitz, J.) *Notice/Attest.
06/03/2004 #10 ORDER: "It is hereby ordered that this Court's notice dated June 2, 2004, which notified the trial court of the dismissal of the defendant's appeal for lack of prosecution, is hereby vacated as having entered in error...". *Notice/Attest/Image.
07/12/2004 #11 Motion to proceed on the original record or in the alternative enlarge time for filing of the appendix, filed by Stephen J. McIsaac.
07/13/2004 #12 RE#6: The motion to proceed on the original record is denied and the appellant is given leave to file a conforming brief and appendix on or before 7/29/04. Notice.
07/13/2004 #13 Letter from Clerk's Office to Stephen J. McIsaac re: nonconforming brief and no appendix filed; conforming brief and appendix due on or before 7/29/04. *Notice.
07/29/2004 SERVICE of brief & appendix for Defendant/Appellant Stephen J. McIsaac. (appx. 1 vol.) (Tr. 2 sets-6 vols.)
08/20/2004 MOTION to extend brief due date of Diane Gorski Viveiros.
08/23/2004 RE#9: Extension to 10/01/2004 granted for filing of brief of Diane Gorski Viveiros, Plaintiff/Appellee. *Notice to counsel.
10/04/2004 SERVICE of brief for Plaintiff/Appellee Diane Gorski Viveiros.
03/03/2005 Placed on March non-argument list.
03/07/2005 Under consideration by Panel. (P GR MI).
06/07/2005 MEMORANDUM AND ORDER: "Because of the diffuse nature of McIsaac's brief, it is difficult to ascertain from which of the many rulings, orders, and judgments against him he appeals. Consequently, we dismiss his appeal...conclude that Viverios is entitled to double costs of the appeal as well as reasonable counsel fees...counsel for Viverios is to submit within fifteen days from the date of entry of this order those materials described in Fabre v. Walton...and Yorke Mgmt. v. Castro..." (Perretta, Cypher & Mills, JJ.) *Notice/Attest/Staffier, J./Image.
06/20/2005 Motion for award of attorney's fees and double costs, filed by Diane Gorski Viveiros.
09/21/2005 MEMORANDUM AND ORDER: "...we conclude...counsel for Viveriros is entitled to fees and costs...We award counsel fees in the amount of $3,970, and double costs in the amount of $1,250." (Perretta, Cypher & Mills, JJ.) *Notice/Attest/Image.