Court Case Record MIDFIRST BANK vs. JAMES F. O''LEARY & another 2011-P-0099

MIDFIRST BANK vs. JAMES F. O''LEARY & another Court Case Record

Court Case Number: 2011-P-0099

Case Number2011-P-0099
Case TitleMIDFIRST BANK vs. JAMES F. O''LEARY & another
Case TypeCivil
StateMassachusetts, MA
CourtLand Court
Court Address
Field Date04/01/2010
Close Date12/22/2011


Julie T. Moran, EsquireMidFirst BankPlaintiff/Appellee
James F. O'LearyPro Se Defendant/Appellant
Robert G. O'LearyPro Se Defendant
Entry Date Paper Entry Text
01/14/2011 #1 Affidavit of Indigency filed by James F. O'Leary, is allowed.
01/14/2011 #2 Entered.
01/14/2011 #3 Notice of entry sent.
02/03/2011 #4 MOTION to extend brief & appendix due date, filed by James F. O'Leary.
02/03/2011 #6 Motion for leave to file briefs, appendices & other papers in typewritten form, and request that the Appeal be heard on the Original Record without the necessity of reproducing parts thereof in any form filed by James F. O'Leary.
02/17/2011 #7 RE#3: See Court's 2/17/11 action on paper #4. *Notice.
02/17/2011 #8 RE#4: Appellant's motion that the appeal be heard on the original record without the necessity of reproducing parts thereof is denied. Appellant may file his brief and record appendix in typewritten form pursuant to Mass. R. App. P. Rule 20. Appellant is given leave to file a lesser number of briefs and appendices than required by the rules. Five (5) copies of his brief and appendix shall be filed on or before 3/21/11 with one copy served on counsel for the appellee. (Lenk, J.) *Notice.
03/11/2011 SERVICE of brief & appendix for Defendant/Appellant James F. O'Leary.
04/11/2011 SERVICE of brief for Plaintiff/Appellee MidFirst Bank.
10/28/2011 Under consideration by Panel. (Berry, J., Cohen, J., Sikora, J.).
12/22/2011 ORDER: We have reviewed the briefs of all parties and the record appendix submitted by the proposed appellant James F. O'Leary, pro se. We dismiss the appeal as interlocutory and remand the case to the Land Court for further action. Grounds. The docket entries presented to us as part of the record appendix show that the Land Court proceedings have not resulted in the entry of a final judgment. A final judgment or a final order is a necessary predicate for a valid appeal. See Mass.R.A.P. 4(a), as amended by 430 Mass. 1603 (1999). The orders of the Land Court judge appearing in the record appendix effectively (1) allow plaintiff Midfirst Bank to amend its complaint so as to substitute HSBC Bank USA, National Association, as trustee, for Midfirst Bank and (2) deny the motion of defendant James O'Leary to dismiss Midfirst Bank for lack of standing. Although the record reflects the judge's belief that final judgment has entered, orders dated November 19, 2010, and November 22, 2010, the appellate record before us contains no amended complaint substituting HSBC Bank USA, National Association as trustee, for Midfirst Bank. Nor does it contain a final judgment addressing and declaring the applicability of the Service Members Civil Relief Act, 50 U.S.C. app. ยงยง 501, et seq., to the circumstances of this case. Accordingly, we must remand the case to the Land Court for further action (Berry, Cohen & Sikora, JJ.). Notice/attest/Long, J.