Court Case Record PAULA MALONE & another vs. SEAN P. SIMMONS & another 2014-J-0099 UID(9f0b)

PAULA MALONE & another vs. SEAN P. SIMMONS & another Court Case Record

Court Case Number: 2014-J-0099

Case Number2014-J-0099
Case TitlePAULA MALONE & another vs. SEAN P. SIMMONS & another
Case TypeCivil
StateMassachusetts, MA
CountyNorfolk Probate & Family
CourtNorfolk Probate & Family
Court Address
Field Date03/14/2014
Close Date03/17/2014


Paula MalonePro Se Plaintiff/Petitioner
Thomas Malone SimmonsPro Se Plaintiff/Petitioner
Sydney S. Milgram, EsquireSean P. SimmonsDefendant/Respondent
Robert L. Johnson, EsquireCaitlin Malone SimmonsDefendant/Respondent
Entry Date Paper Entry Text
03/14/2014 #1 Appeal entered pursuant to M.G.L.c. 231, ยง 6(G) with attachments.
03/17/2014 RE#1: Plaintiffs have filed a "Petition for Single Justice Appeal," purportedly pursuant to G.L. c. 231, s. 6F, seeking review of the Probate Court's (Phelan, J.) 2-27-14 Memorandum of Decision on Motion to Dismiss for Improper Venue, which also included an award of attorney's fees to opposing counsel. The single justice's authority to review a trial court's award of attorney's fees and costs under G.L. c. 231, s. 6F is prescribed by the statutory appeal process set forth in G. L.c. 231, s. 6G. Here, the trial court has not transmitted an assembled record pursuant to Section 6G, second paragraph, and it is unclear from the plaintiffs' submissions here whether the attorney's fees were awarded pursuant to G.L. c. 231, s. 6F and whether the plaintiffs filed a timely notice of appeal from the order awarding attorney's fees pursuant to G.L. c 231, s. 6G. Accordingly, the petition is dismissed without prejudice subject to re-entry in the proper course. (Wolohojian, J.). *Notice/Attest/Phelan, J.