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Court Case Record JAMES N. THIVIERGE vs. ERNEST CHERRY & another 2013-J-0352 UID(664f)


JAMES N. THIVIERGE vs. ERNEST CHERRY & another Court Case Record

Court Case Number: 2013-J-0352


 
Case Number2013-J-0352
Case TitleJAMES N. THIVIERGE vs. ERNEST CHERRY & another
Case TypeCivil
StateMassachusetts, MA
CountyEssex
CourtEssex Superior Court
Court Address
Phone
Field Date08/19/2013
Close Date08/21/2013

Parties

CounselNameType
James N. ThiviergePro Se Plaintiff/Petitioner
Ernest CherryDefendant/Respondent
Amesbury Gardens Apartments TrusDefendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
08/19/2013 #1 Memo: *** Affidavit of Indigency, Supplement to Affidavit of Indigency - Impounded *** (Within body of appeal)
08/19/2013 #2 Appeal entered pursuant to M.G.L.c. 261, § 27(D) with attachments.^
08/21/2013 #3 Misc. material, filed by James N. Thivierge.
08/21/2013 ORDER: The plaintiff appeals from a denial of his motion for waiver, substitution or state payment of fees and costs. 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." Because the assembled record does not show that a hearing occurred, and written findings do not appear to have been made, the assembly was premature. Accordingly, appellate proceedings are hereby stayed until September 20, 2013 and the matter is remanded to the Essex Superior Court (ESCV2013-01203) for the plaintiff to be heard and for the motion judge to enter the requisite findings and reasons, after which the Essex Superior Court shall assemble and transmit a new record, including a copy of the findings and any documents from which the findings are derived, to the Appeals Court under this docket number (13-J-352). (Vuono, J.) *Notice/Attest/Cornetta, J.