Court Case Record RODGER D. RENRICK vs. DONNA PINA 2012-J-0314


Court Case Number: 2012-J-0314

Case Number2012-J-0314
Case TypeCivil
StateMassachusetts, MA
CountyBoston Housing
CourtBoston Housing Court
Court Address
Field Date08/22/2012
Close Date08/31/2012


Joseph Lichtblau, EsquireRodger D. RenrickPlaintiff/Respondent
Donna PinaPro Se Defendant/Petitioner
Entry Date Paper Entry Text
08/22/2012 #1 Appeal entered pursuant to M.G.L.c. 239, § 5 with attachments. ^
08/23/2012 #2 Telephone and letter notice to counsel for hearing before Carhart, J. on August 30, 2012 @ 11:00 A.M., in Court Room 4.
08/28/2012 #3 Motion to dismiss case, issue execution and order defendant to comply with 8/10/12 housing court order, filed by Rodger D. Renrick.^
08/29/2012 #4 Notice of appearance of Joseph Lichtblau for Rodger D. Renrick.^
08/30/2012 #5 Hearing held.
08/30/2012 #6 Appearance of Attorney Donna Pina, Pro Se Defendant/Petitioner for Donna Pina.
08/30/2012 #7 Appearance of Attorney Joseph Lichtblau for Rodger D. Renrick.
08/30/2012 #8 Affidavit of Indigency, filed by Donna Pina.
08/30/2012 #9 Opposition to Donna Pina's request for waiver of appeal bond, filed by Rodger D. Renrick. ^
08/31/2012 ORDER: This is an appeal entered pursuant to G. L. c. 239, § 5, from an Order of the Housing Court denying the defendant's motion to waive the appeal bond. Under that statute, the court "shall waive the requirement of such bond or security if it is satisfied that the person requesting the waiver has any defense which is not frivolous and that [s]he is indigent as provided in section twenty-seven A of chapter two hundred and sixty-one." The Housing Court judge, in the absence of any documents filed by the defendant in support of her claim of indigency, denied the motion to waive the appeal bond. Having reached this determination, the judge did not reach the issue of whether there exists a non-frivolous defense. In reviewing the decision of the Housing Court, the single justice "shall review the findings, the amount of bond or deposit, if any, and the amount of periodic payment required, if any, as if [he] were initially deciding the matter." See G. L. c. 239, § 5(f). After a hearing, held on August 30, 2012, at which the parties appeared, and during which the defendant was given an opportunity to present testimony and documentary evidence to support her claim of indigency, I find that the defendant has established that she is indeed indigent. However, as aforementioned, a finding of indigency alone is not sufficient to warrant the granting of affirmative relief, and the defendant must establish, in addition to being indigent, that there exists a defense that is not frivolous. The defendant has failed to establish that she has a defense that is not frivolous. Consequently, the decision of the Housing Court must be, and hereby is, affirmed. (Carhart, J.) *Notice/Attest/Muirhead, J. footnote: (1) The defendant completed and filed the standard form Affidavit of Indigency, with Supplement To Affidavit of Indigency, as prescribed by the Chief Justice of the Supreme Judicial Court, pursuant to G. L. c. 261, § 27B.