seal

Court Case Record JOHN S. DAVAGIAN, II., ESQ. vs. THOMAS C. PAPPAS 2012-J-0455 UID(2673)


JOHN S. DAVAGIAN, II., ESQ. vs. THOMAS C. PAPPAS Court Case Record

Court Case Number: 2012-J-0455


 
Case Number2012-J-0455
Case TitleJOHN S. DAVAGIAN, II., ESQ. vs. THOMAS C. PAPPAS
Case TypeCivil
StateMassachusetts, MA
CountyFalmouth District BA
CourtFalmouth District Court BA
Court Address
Phone
Field Date12/12/2012
Close Date12/17/2012

Parties

CounselNameType
John S. Davagian, II., Esq.Pro Se Plaintiff/Respondent
Robert L. Perry, EsquireThomas C. PappasDefendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
12/12/2012 #1 Appeal to a Single Justice for relief, filed by Thomas C. Pappas. ^
12/17/2012 #2 ORDER: The individual defendant, Thomas C. Pappas, has submitted an "Appeal to a Single Justice for Relief," requests a single justice of the Appeals Court to address a final small claims judgment of the District Court for money damages and to "remand the matter to the . . . District Court for Trial on the Merits" of a complaint by the plaintiff John S. Davagian. A judge of the District Court entered judgment in favor of Davagian and against Pappas individually on September 26, 2012. On or about November 13, 2012, Pappas moved for relief from judgment and for leave to pursue a late appeal. Docket entry 10. On November 14, the District Court judge denied those motions. Docket entry 12. On November 20, 2012, Pappas filed in District Court a notice of appeal to the Appellate Division of the District Court. Docket entry 13. On December 12, 2012, he filed the proposed appeal to a single justice of this court. Pappas does not cite any authority for the proposed direct appeal to a single justice for revision of a final judgment and an order for new proceedings in the District Court. That process would displace the governing procedures for regular appeal, if any remain. General Law c. 231, ยง 118, first paragraph, authorizes review only of interlocutory (and not final) orders from the Superior, Probate and Family, Land, and Housing Courts, but not the District Court. Mass.R.A.P. 15(c) does not confer authority for departure from regular appellate process to the single justice. Accordingly, I must dismiss the attempted appeal. (Sikora, J.). *Notice/Attest
12/17/2012 Memo: Certificate of Service.