Court Case Record RE: Estate of Disque D. Deane, a.k.a Disque Dee Deane 2012-J-0228

RE: Estate of Disque D. Deane, a.k.a Disque Dee Deane Court Case Record

Court Case Number: 2012-J-0228

Case Number2012-J-0228
Case TitleRE: Estate of Disque D. Deane, a.k.a Disque Dee Deane
Case TypeCivil
StateMassachusetts, MA
CountySuffolk Probate & Family
CourtSuffolk Probate & Family
Court Address
Field Date06/20/2012
Close Date10/31/2012


George M. Ford, EsquireCarol G. DeanePlaintiff/Respondent
Hare Delafield StuartPro Se Other/petitioner
James R. DeGiacomo, EsquireKathryn DeaneOther/respondent
Mark E. Swirbalus, Esquire Meredith L. French, EsquireMarjorie Gregg D SwainOther/respondent
Sandra C. Steele, EsquireChildrenOther/respondent
Entry Date Paper Entry Text
06/20/2012 #1 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Hare Delafield Stuart.
06/21/2012 #2 RE#1: Appellate proceedings are stayed to 7/23/12, pending the Probate Court's disposition of the motion for reconsideration. A status report shall be filed by petitioner Hare Delafield Stuart on or before that date as to any disposition of same by the Court. The petitioner shall also, on or before 7/5/12, file a memorandum of law in support of his petition, in compliance with the Standing Order Governing Petitions to the Single Justice Pursuant to G.L. c. 231, § 118 (First Paragraph), which shall include a discussion addressing the relevant law and authorities for both testate and intestate estates, and any effect one or the other may have on the arguments raised in the petition. The Temporary Executrix Carol Deane shall file a response to the petition within fourteen days of the filing of the petitioner's memorandum, due on 7/5/12. (Wolohojian, J.) *Notice/Attest.
07/06/2012 #3 Notice of decision, filed by Carol G. Deane. ^
07/16/2012 #4 REVISED ACTION RE#1: As petitioner has failed to comply with the 6/21/12 order of the Single Justice requiring compliance with the Standing Order Governing Petitions to the Single Justice Pursuant to G.L. C.231, § 118 (first par.) by 7/5/12, the petition is hereby dismissed. (Carhart, J.). *Notice/Attest.
08/27/2012 #5 Motion of enlargement of time to file memorandum of law, filed by Hare Delafield Stuart. ^
08/30/2012 #6 RE#3: Allowed. The memorandum of law is accepted for filing this date. The order of dismissal, dated 7/16/12 (revised action RE#1) is vacated, and the petition shall be considered by the single justice in due course (Carhart, J.) *Notice/attest/Kaplan, J.
09/05/2012 RE#1 (Revised Action) After consideration of all papers filed by the petitioner, the petition is denied (Carhart, J.). Notice/attest/Kaplan, J.
09/27/2012 Motion to reconsider paper #1, filed by Hare Delafield Stuart.
10/02/2012 RE#4: The motion for reconsideration is allowed. Upon reconsideration, however, the revised action of the court, dated 9/5/12 (RE#1), is to stand. (Carhart, J.) *Notice.
10/19/2012 Application for further appellate review (for paper #1 & #4), filed by Hare Delafield Stuart.
10/24/2012 Notice of appeal, filed by Hare Delafield Stuart.^
10/31/2012 RE#6: As there is no right of appeal from an order denying a petition for interlocutory relief pursuant to G. L. c. 231, s. 118 (first par.), the notice of appeal from the order of the single justice is hereby struck. See Gibbs v. Ford, Inc. V. United Truck Leasing Corp., 399 Mass. 8, 10, n.8 (1987); Packaging Indus. Group, Inc. v. Cheney, 380 Mass. 609, 614 (1980). (Sullivan, J.). *Notice/Attest/Kaplan, J.