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Court Case Record RO ELEGBE vs. ALEKSANDR KESHIN & others 2013-J-0332 UID(92a5)


RO ELEGBE vs. ALEKSANDR KESHIN & others Court Case Record

Court Case Number: 2013-J-0332


 
Case Number2013-J-0332
Case TitleRO ELEGBE vs. ALEKSANDR KESHIN & others
Case TypeCivil
StateMassachusetts, MA
CountyEssex
CourtEssex Superior Court
Court Address
Phone
Field Date08/02/2013
Close Date08/07/2013

Parties

CounselNameType
Ro ElegbePro Se Plaintiff/Petitioner
Aleksandr KeshinPro Se Defendant/Respondent
Agu MangPro Se Defendant/Respondent
Elpsiba IrogbePro Se Defendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
08/02/2013 #1 Motion to waive entry fee, filed by Ro Elegbe.
08/02/2013 #2 RE#1: ALLOWED FORTHWITH. The appellant's Affidavit of Indigency appears regular and complete on its face, and indicates that the appellant is indigent. The court hereby allows the Motion to Waive entry fee. Notice sent.
08/02/2013 #3 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Ro Elegbe. ^
08/02/2013 #4 Motion to stay, filed by Ro Elegbe. ^
08/02/2013 RE#3: Denied. (Vuono, J.) *Notice
08/07/2013 ORDER: On August 2, 2013, the plaintiff filed a petition seeking interlocutory review of the denial of his motion for preliminary injunctive relief and the denial of the plaintiff's subsequent motion to reconsider that denial. To the extent that the plaintiff's petition seeks review of the judge's initial denial of his motion for preliminary injunctive relief, entered in the trial court on July 2, 2013, the petition is denied as untimely because it was filed on August 2, 2013, beyond the thirty day limit set forth in G. L. c. 231, § 118 (first par.). See McGrath v. McGrath, 65 Mass. App. Ct. 670, 671 (2006). To the extent that the petition seeks review of the judge's order of July 15, 2013, on the defendant's motion for reconsideration, the petition is denied because it has not been established that the motion for reconsideration raised any substantially new matter from that which was presented in the prior motion, see McGrath, 65 Mass. App. Ct. at 671-673; Manousos v. Sarkis, 382 Mass. 317, 322-323 (1981). Even if the petition were timely filed, the result would be the same. An appellate court will not reverse a decision granting or denying preliminary injunctive relief if that decision has supportable legal basis. The petitioner must show a mistake of law or an abuse of discretion. Neither is apparent on the record presented to this Court. See Packaging Industries Group, Inc. v. Cheney, 380 Mass. 609, 615-616 (1980); Westinghouse Broadcasting Co., Inc. v. New England Patriots Football Club, Inc., 10 Mass. App. Ct. 70, 75 (1980); Carabetta Enterprises, Inc. v. Schena, 25 Mass. App. Ct. 389, 391-392 (1988). Therefore, the petition is dismissed. (Vuono, J.). *Notice/Attest/Cornetta, J.