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Court Case Record LAWRENCE WATSON vs. SHERRY WALKER 2012-J-0165 UID(baa4)


LAWRENCE WATSON vs. SHERRY WALKER Court Case Record

Court Case Number: 2012-J-0165


 
Case Number2012-J-0165
Case TitleLAWRENCE WATSON vs. SHERRY WALKER
Case TypeCivil
StateMassachusetts, MA
CountySuffolk Probate & Family
CourtSuffolk Probate & Family
Court Address
Phone
Field Date05/01/2012
Close Date05/04/2012

Parties

CounselNameType
Lawrence WatsonPro Se Plaintiff/Petitioner
Kelly Leighton, EsquireSherry WalkerDefendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
05/01/2012 #1 Motion to waive entry fee, filed by Lawrence Watson, is allowed.
05/01/2012 #2 Motion to compel assembly of the record, filed by Lawrence Watson.
05/04/2012 #3 ORDER: The plaintiff petitioner has filed before the single justice Plaintiff's Motion to Compel the Assembly of the Record, seeking an order compelling the Probate and Family Court to issue the notice of the assembly of record as to his appeal of the Judgment on Modification, entered on September 3, 2009. See M.R.A.P. 9. A review of the Probate and Family Court docket shows that a notice of appeal was filed by the plaintiff on August 26, 2009, in response to a decision of the court that the plaintiff asserts was "issued" in "August of 2009," following a trial held on May 12, 2009, on cross-complaints by the parties. According to the docket, however, judgment did not enter until September 3, 2009. Further, nothing appears on the docket prior to the entry of judgment, e.g., findings of fact and order for judgment, which would indicate that the matter had been resolved or that judgment was to enter. See Docket Entry #336 (Judgment of Modification, entered on September 3, 2009). Subsequent to the entry of judgment on September 3, 2009, the petitioner, on October 26, 2009, filed a second notice of appeal. The motion to compel assembly of the record is denied because the petitioner did not timely file a notice of appeal from the judgment entered on September 3, 2009. The notice of appeal filed on August 26, 2009, was filed prior to the entry of judgment, and was thus prematurely filed. The notice of appeal filed on October 26, 2009, was filed well beyond the thirty-day filing period required under M.R.A.P. 4(a), and was thus filed late. Consequently, there is no appeal for the clerk of the Probate and Family Court to assemble. Accordingly, the petition is denied (Trainor, J.). Notice/attest/Smoot, J.