Court Case Record MARILYN LABOUNTY vs. PETER J. UNITT & others 2011-J-0139

MARILYN LABOUNTY vs. PETER J. UNITT & others Court Case Record

Court Case Number: 2011-J-0139

Case Number2011-J-0139
Case TypeCivil
StateMassachusetts, MA
CourtMiddlesex Superior Court
Court Address
Field Date04/08/2011
Close Date05/31/2011


Daniel B. Greenberg, EsquireMarilyn LaBountyPlaintiff/Respondent
Peter J. UnittDefendant
Lee P. UnittPro Se Defendant/Petitioner
Lisa FlibotteDefendant
Crest Group, LLCDefendant
National City BankDefendant
Bank United, FSBDefendant
Entry Date Paper Entry Text
04/08/2011 #1 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Lee P. Unitt.
04/08/2011 #2 Motion to stay post judgment discovery/discovery conducted by respondent during the pendency of petitioner's petition pursuant to G.L. c. 231, § 118, filed by Lee P. Unitt.
04/11/2011 #3 RE#2: As the petitioner has pending in the trial court a motion for reconsideration of the denial of the motion to stay, appellate proceedings are stayed to 05/11/11 pending disposition of the motion. A status report shall be filed on or before that date concerning the same. Notice/attest/Holtz, J.. *Notice.
05/12/2011 #3.1 Letter from Lee P. Unitt, Pro Se Defendant/Petitioner re: Status of Motions for Reconsideration.
05/13/2011 #4 RE#3: Appellate proceedings stayed to 06/13/11. Status report due 06/13/11. Notice/attest/Holtz, J.
05/13/2011 #5 Letter from Lee P. Unitt re: status of lower court motions.
05/16/2011 Copy of lower court's denials of Lee Unitt's three motions, received from Daniel B. Greenberg.
05/31/2011 RE#1: To the extent the defendant is seeking relief pursuant to G. L. c. 231, § 118, par. 1, where a final judgment has been entered, relief under the statute is not available. Gibbs Ford, Inc. v. United Truck Leasing Corp., 399 Mass. 8, 10 (1987). Therefore, the single justice is without authority to grant the relief requested. Where the trial court on May 10, 2011, denied defendant's motion for an enlargement of time to file a notice of appeal from the judgment, the defendant is permitted, within 30 days of the trial court's order, to seek relief from a single justice pursuant to MRAP 14(b). (Kantrowitz, J.) . *Notice/Attest/Holtz, J.
06/15/2011 Opposition to Lee Unitt's Motion to enlarge time for taking of appeal, filed by Marilyn LaBounty.