Court Case Record RANDY BRITTON & another vs. DEREK LUANGRATH & others 2012-J-0321

RANDY BRITTON & another vs. DEREK LUANGRATH & others Court Case Record

Court Case Number: 2012-J-0321

Case Number2012-J-0321
Case TitleRANDY BRITTON & another vs. DEREK LUANGRATH & others
Case TypeCivil
StateMassachusetts, MA
CountyHousing . Northeast
CourtHousing Court. Northeast
Court Address
Field Date08/27/2012
Close Date09/19/2012


Randy BrittonPro Se Plaintiff
Jane LuangrathPro Se Plaintiff/Petitioner
Monique Boucher Lamb, EsquireDerek LuangrathDefendant/Respondent
Monique Boucher Lamb, EsquireJordan LuangrathDefendant/Respondent
Monique Boucher Lamb, EsquireMargery LuangrathDefendant/Respondent
Monique Boucher Lamb, EsquireOunkham LuangrathDefendant/Respondent
Entry Date Paper Entry Text
08/27/2012 #1 Appeal entered pursuant to M.G.L.c. 261, § 27(D) with attachments. ^
08/29/2012 #2 Entry Statement, received from Northeast Housing Court.^
09/06/2012 #3 RE#1: Jane Luangrath appeals, pursuant to G. L. c. 261, § 27D, from the denial of her 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." While the basis of the judge's denial may be implicit in the decision, the statute requires such findings and reasons. Accordingly, the matter is remanded to the trial court and the judge shall, in accordance with the statute, prepare written findings and reasons for the denial. The findings shall be prepared and transmitted to the Appeals Court on or before 9/28/12. (Hanlon, J.). *Notice/Attest/Kerman, J.
09/17/2012 #4 Copy of Findings and reasons on remand, received from Northeast Housing Court. ^
09/19/2012 Memo: Notice RE#1 sent to Randy Britton returned as "attempted - not known unable to forward." Notice not resent.
09/19/2012 ORDER: This is an appeal from the denial of funds pursuant to G. L. c. 261, §§ 27A-27D. The plaintiff, Jane Luangrath, sought waiver of the fee associated with obtaining a copy of the recording of trial court proceedings held on February 15, 2012. The plaintiffs' Summary Process Summons and Complaint was dismissed on that date, with no notice of appeal filed subsequent by the plaintiffs. Because there is no appeal pending in this matter, the recording of the proceedings is not "reasonably necessary to assure the applicant as effective [an] . . . appeal as [s]he would have if [s]he were financially able to pay." See G. L. c. 261, § 27C(4). Accordingly, the Order of the Housing Court denying the plaintiff's request to waive the fee for the recording, is affirmed. (Hanlon, J.). *Notice/Attest/Kerman, J.
10/01/2012 Memo: Notice of Order (paper #4) sent to Randy Britton returned as "attempted not known - unable to forward." Notice not resent.