Court Case Record MATTHEW TAYLOR vs. THERESA TAYLOR 2013-P-0997 UID(3698)


Court Case Number: 2013-P-0997

Case Number2013-P-0997
Case TypeCivil
StateMassachusetts, MA
CountyEssex Probate & Family
CourtEssex Probate & Family
Court Address
Field Date08/03/2012
Close Date06/10/2014


Karen R. Galat, EsquireMatthew TaylorPlaintiff/Appellant
Theresa TaylorPro Se Defendant/Appellee
Entry Date Paper Entry Text
06/25/2013 #1 Entered.
06/25/2013 #2 Notice of entry sent.
07/09/2013 #3 Docketing Statement received from Matthew Taylor.^
08/05/2013 #4 MOTION to extend brief & appendix due date, filed by Matthew Taylor.
08/06/2013 #5 RE#3: Extension to 09/17/2013 granted for filing of brief of Matthew Taylor, Plaintiff/Appellant. Notice to counsel.
09/17/2013 #6 SERVICE of 7-briefs & 7-appendices (2 Vol.) for Plaintiff/Appellant Matthew Taylor.
11/27/2013 #7 Letter from Karen R. Galat re: If case will be scheduled for argument or decided on appellant's brief.
12/02/2013 #8 RE#5: On or before 12/23/13, the appellee shall file an affidavit attesting to whether she intends to file a brief or participate in oral argument, if any. *Notice.
12/27/2013 #9 motion to waive oral argument for Matthew Taylor received by email. Rejection email sent for the following reason: the case has not been assigned to a panel; a paper copy or copies must be filed with the court instead.
01/06/2014 Motion to waive oral argument, filed by Matthew Taylor.
01/07/2014 RE#6: Referred to the panel designated to decide this appeal. *Notice ^
03/28/2014 Under consideration by Panel. (Kafker, J., Fecteau, J., Agnes, J.).
05/13/2014 REVISED ACTION RE#6: Allowed. (Kafker, Fecteau, Agnes, JJ.) *Notice.
05/13/2014 Decision: Rule 1:28 (Kafker, Fecteau, Agnes, JJ.). The judgment, dated July 30, 2012, is vacated insofar as it finds the mother not guilty of contempt for failure to pay child support and affirmed insofar as it finds the mother not guilty of contempt for failure to pay extracurricular expenses. The order, dated March 15, 2013, denying the motion for postjudgment relief is vacated as to the issue of child support and affirmed as to the issue of extracurricular expenses. *Notice.
06/10/2014 RESCRIPT to Trial Court.
08/14/2014 Motion for assessment of interest and award of attorney's fees and costs on appeal, filed by Matthew Taylor@
09/30/2014 ORDER ON APPELLANT'S MOTION FOR INTEREST AND FEES On June 1, 2014, we issued our decision in connection with the plaintiff's appeal from a judgment of the Probate and Family Court that decided that the defendant was not in contempt of a child support order. After additional proceedings that occurred in that court following our rescript, the plaintiff now applies to us for the imposition of pre-judgment interest on the arrearage ordered by a judge of the Probate and Family Court in those proceedings. We deny so much of the plaintiff's application that seeks an order from this court to impose said interest, without prejudice to an application to the Probate and Family Court. Additionally, we deny the plaintiff's request for appellate attorney's fees, without prejudice to a reapplication that is supported by proper support, in accordance with the "lodestar approach." See Estate of King, 455 Mass. 796, 808 (2010), and cases collected therein. To the extent that the request seeks attorney fees incurred for proceedings in the Probate and Family Court, it is denied without prejudice to a request directed to said court. (Kafter, Fecteau & Agnes, JJ.) *Notice/attest.