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Court Case Record LEONARD B. ZIDE & others vs. KAREN L. MCNIFF & others 2010-P-1496 UID(9165)


LEONARD B. ZIDE & others vs. KAREN L. MCNIFF & others Court Case Record

Court Case Number: 2010-P-1496


 
Case Number2010-P-1496
Case TitleLEONARD B. ZIDE & others vs. KAREN L. MCNIFF & others
Case TypeCivil
StateMassachusetts, MA
CountyEssex
CourtEssex Superior Court
Court Address
Phone
Field Date01/15/2008
Close Date05/09/2012

Parties

CounselNameType
Lenard B. Zide, EsquireLeonard B. ZidePlaintiff/Appellant
Lenard B. Zide, EsquireArthur HodgesPlaintiff/Appellant
Lenard B. Zide, EsquireEloise HodgesPlaintiff/Appellant
Albert L. Farrah, Jr., EsquireKaren L. McNiffDefendant/Appellee
Alexandra Power, EsquireNRT New EnglandDefendant/Appellee
Nancy J. WinslowDefendant
Olivia WinslowDefendant
DOCKET ENTRIES
Entry Date Paper Entry Text
08/25/2010 #1 Entered.
08/25/2010 #2 Notice of entry sent.
09/03/2002 #3 Defendants' motion to dismiss appeal, received from Karen L. McNiff, NRT New England, Nancy J. Winslow & Olivia Winslow.
09/14/2010 #4 OPPOSITION to #2 filed by Leonard B. Zide, Arthur Hodges & Eloise Hodges.
09/20/2010 #5 RE#2: On August 25, 2010, I reviewed the affidavits filed by Attorney Zide in support of his request to docket the appeal, and I approved the acceptance of his entry fee by the Clerk's Office. Therefore, the defendants' motion to dismiss the appeal is treated as a motion for reconsideration. The defendants contend that Attorney Zide's office would have received the notice on August 12 or 13, 2010, and that Attorney Zide's absence from his office for a week does not make his receipt of the notice on August 23, when he returned to the office from vacation, timely under the rule, and therefore his first attempt to pay the entry fee on August 24, 2010, was late and the appeal should be dismissed. The meaning of the pertinent phrase in M.R.A.P. 10(a)(1) ("qqithin ten days after receiving from the clerk of the lower court notice of assembly of the record") is vague in the context raised here, where the attorney was on vacation but his office presumably received the notice on an earlier date. After reconsideration, the defendants' motion to dismiss the appeal is referred to the panel designated to decide the appeal and the defendants are granted leave to raise the argument in their brief. (Vuono, J.) *Notice.
10/01/2010 #6 MOTION to stay, filed by Leonard B. Zide, Arthur Hodges.
10/01/2010 #7 RE#4: Appellate proceedings STAYED to 11/19/2010. Status report due 11/19/2010 re: motion to dismiss. *Notice.
11/23/2010 #8 Motion for leave to file status report late filed by Leonard B. Zide.
11/23/2010 #9 Status Report filed by Leonard B. Zide.
11/24/2010 #10 RE#5 Allowed. Notice.
11/24/2010 #11 RE#6: Appellate proceedings STAYED to 12/24/2010. Status report due 12/24/2010 regarding the motion to consolidate and with an indication as to whether the stay of appellate proceedings should be vacated. *Notice.
12/17/2010 #12 Request to dismiss appeal, filed by NRT New England, Nancy J. Winslow, & Olivia Winslow.
12/24/2010 #13 MOTION to consolidate 10-P-997, 10-P-1496 and 10-P-2203, filed by Leonard B. Zide, Arthur Hodges and Eloise Hodges.
12/23/2010 #14 Status Report filed by Leonard B. Zide, Arthur Hodges and Eloise Hodges.
12/23/2010 #15 Notice of intent to Oppose Plaintiff's Motion to Consolidate Appeals filed by NRT New England Inc., Nancy J. Winslow and Olivia Winslow.
12/23/2010 #16 OPPOSITION to #10 filed by Leonard B. Zide, Arthur Hodges and Eloise Hodges.
12/23/2010 #17 Request of Karen L. McNiff, Individually and As Trustee of Chocorua Realty Trust That The Court Dismiss Appeals in Appeals Court Cases No. 2010-P-997, No. 2010-P-1496 and No. 2010-P2203 or Alternatively, Stay Any Proceedings in Cases No. 2010-P-997 and No. 2010-P-1496 and First Determine Whether or Note The Trial Court Judge Abused His Discretion in Dismissing the Appeal, The Issue Raised in Case No. 2010-P-2203.
12/28/2010 #18 RE#7: The within is referred to the panel designated to decide the appeal. The within may be raised as an issue in appellees' brief, as neither the clerk nor a single justice may dismiss an appeal. See MRAP 15(c). *Notice.
12/31/2010 #19 Reply brief to defendants/appellees' opposition to plaintiffs' motion to consolidate appeals, filed by JJML Realty Trust, Arthur Hodges, and Eloise Hodges.
01/03/2011 #20 RE#8: The motion to consolidate is allowed insofar as 10-P-2203 and 10-P-1496 are consolidated for briefing. All filings are to be made on 10-P-1496 and 10-P-2203 is closed. The consolidated appeal on 10-P-1496 shall be decided by the same panel deciding 10-P-997, which has been fully briefed. The appeal in 10-P-997 remains stayed pending briefing in 10-P-1496. The appellants' brief in 10-P-1496 is due 1/31/11. *Notice/Attest/Image.
01/03/2011 #21 RE#12: See actions of 12/28/10 on paper no. 7 and 1/3/11 on paper no. 8. *Notice.
01/11/2011 #22 MOTION to extend brief & appendix due date, filed by Leonard B. Zide, & Arthur Hodges.