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Court Case Record RONEL CHARLES vs. BOSTON HOUSING AUTHORITY 2011-J-0239 UID(d2cb)


RONEL CHARLES vs. BOSTON HOUSING AUTHORITY Court Case Record

Court Case Number: 2011-J-0239


 
Case Number2011-J-0239
Case TitleRONEL CHARLES vs. BOSTON HOUSING AUTHORITY
Case TypeCivil
StateMassachusetts, MA
CountyBoston Housing
CourtBoston Housing Court
Court Address
Phone
Field Date06/06/2011
Close Date06/07/2011

Parties

CounselNameType
Ronel CharlesPro Se Plaintiff/Petitioner
Bridgette Kelly, EsquireBoston Housing AuthorityDefendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
06/06/2011 #1 Motion to waive entry fee, filed by Ronel Charles, is allowed. (Katzmann J.)
06/06/2011 #2 Motion for stay under M.R.A.P. 6(a) with attachments, filed by Ronel Charles.
06/07/2011 #3 Opposition to Motion to Stay, filed by Boston Housing Authority.
06/07/2011 #4 ORDER: The petitioner, Ronel Charles, has filed a motion pursuant to Mass.R.A.P. 6(a), seeking a stay of the execution of a default judgment, entered on May 5, 2011, after he failed to appear at a scheduled hearing on a summary process complaint filed by the Boston Housing Authority (the "BHA"). On December 23, 2010, the petitioner was served with a thirty-day Notice to Quit, as well as a Factual Statement for Cause of Eviction, which notified the petitioner that he was in violation of BHA Lease Provision 9(6), for "Failure to provide timely and complete documentation regarding income, deductions and/or family composition... Failure to complete Annual Tenant Status Review. Failure to report income." Execution on the judgment issued on May 20, 2011, and the petitioner was timely notified by way of a 48-Hour Notice of Possession of Premises of the BHA's intent to levy on execution on June 8, 2011. Uniform Summary Process Rule 10(c) provides that a party subject to a default judgment may file a motion requesting the removal of the default at any time prior to the entry of judgment. Here it does not appear that the petitioner, prior to the entry of judgment on May 5, 2011, availed himself of this relief. Moreover, Rule 12 states that "any judgment in a summary process action, except a default judgment, may be appealed by an aggrieved party." [emphasis added]. A prerequisite to the filing of a motion, pursuant to Mass.R.A.P. 6(a), is the filing of a notice of appeal from a final judgment. Because the petitioner is precluded by the Uniform Summary Process Rules from taking an appeal from the entry of the default judgment, and therefore no right of appeal exists, I am constrained to deny the petition. (Katzmann, J.). Notice/attest/Winik, J.
06/20/2011 Memo: Notice of Order sent to Ronel Charles returned without explanation. Notice resent to corrected address.
09/16/2011 Memo: Notice of order sent to Ronel Charles returned as "forward time expired." Notice resent to updated address.