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Court Case Record KIMATHI H. FOSTER vs. KIANA K. FOSTER 2012-J-0346 UID(867b)


KIMATHI H. FOSTER vs. KIANA K. FOSTER Court Case Record

Court Case Number: 2012-J-0346


 
Case Number2012-J-0346
Case TitleKIMATHI H. FOSTER vs. KIANA K. FOSTER
Case TypeCivil
StateMassachusetts, MA
CountyMiddlesex Probate & Fam
CourtMiddlesex Probate & Fam
Court Address
Phone
Field Date09/14/2012
Close Date09/20/2012

Parties

CounselNameType
Michael J. Traft, EsquireKimathi H. FosterPlaintiff/Petitioner
Pamela J. Schaefer, EsquireKiana K. FosterDefendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
09/14/2012 #1 Motion for stay under M.R.A.P. 6(a) with attachments, filed by Kimathi H. Foster.
09/20/2012 #2 ORDER:The plaintiff, Kimathi Foster, through his counsel has filed a petition, pursuant to Mass. R. App. P. 6(a), seeking to "stay pending appeal the implementation of the Judgment and Order dated July 30, 2012 concerning the Jurisdiction of the Child." Counsel, on September 4, 2012, filed a notice of appeal from the order, as well as from a subsequent motion for reconsideration, denied by the Probate and Family Court judge. The underlying dispute involves a complaint for divorce filed by the plaintiff on May 29, 2012. Final judgment has not entered in the divorce action, and the matter remains pending in the Probate and Family Court. Because the matter remains pending, the Order subject of the instant petition is interlocutory in nature, and not ripe for plenary review by a panel of this Court. Consequently, I am constrained to deny all relief requested, as a stay pending appeal cannot be granted where no appeal lies. (Hanlon, J.). *Notice/Attest/Kagan, J.