seal

Court Case Record RANDI SPIEGEL vs. ROBERT SPIEGEL 2011-J-0352 UID(a686)


RANDI SPIEGEL vs. ROBERT SPIEGEL Court Case Record

Court Case Number: 2011-J-0352


 
Case Number2011-J-0352
Case TitleRANDI SPIEGEL vs. ROBERT SPIEGEL
Case TypeCivil
StateMassachusetts, MA
CountyNorfolk Probate & Family
CourtNorfolk Probate & Family
Court Address
Phone
Field Date08/09/2011
Close Date08/16/2011

Parties

CounselNameType
Lloyd D. Godson, EsquireRandi SpiegelPlaintiff/Respondent
Robert SpiegelPro Se Defendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
08/09/2011 #1 Appeal entered pursuant to M.G.L.c. 261, § 27(D) with attachments.
08/09/2011 #2 Memo: Financial statements, GAL Reports, Medical & HIPPA-Related Material. Additionally, the entire case was impounded in the Probate Court per order that expired on 6/12/10.
08/16/2011 ORDER: The defendant appeals, pursuant to G. L. c. 261, § 27D, from the denial of his motion to waive certain fees or costs. Pursuant to G. L. c. 261, § 27C(4), "if there is an appeal pursuant to section twenty-seven D following a denial, the court shall, within three days, set forth its written findings and reasons justifying such denial, which document shall be part of the record on appeal." On May 16, 2011, a docket entry reflects that the motion was denied "as there are sufficient assets to pay." While the basis of the judge's denial may be implicit in the decision, the statute requires such findings and reasons. Since there are none in this matter, the assembly was premature. G. L. c. 261, § 27C(4) also states, "the court shall not deny any request without first holding a hearing thereon." An analysis of the court's docket does not evidence the holding of a hearing on the defendant's motion. Accordingly, the matter is remanded to the trial court and the judge shall, in accordance with the statute, hold a hearing on the defendant's motion, and in the event of a subsequent denial thereof, prepare written findings and reasons for the denial. At the completion of the written findings, the matter may be reassembled and entered in the Appeals Court. (Rubin, J.). *Notice/Attest/Ordonez, J.