Court Case Record ROSS A. SMITH vs. KIMBERLY ROSS SMITH & others 2013-J-0478

ROSS A. SMITH vs. KIMBERLY ROSS SMITH & others Court Case Record

Court Case Number: 2013-J-0478

Case Number2013-J-0478
Case TypeCivil
StateMassachusetts, MA
CourtLand Court
Court Address
Field Date10/29/2013
Close Date11/25/2013


J. Michael Faherty, EsquireRoss A. SmithPlaintiff/Respondent
Kimberly Ross SmithPro Se Defendant/Petitioner
Beverly Cooperative BankDefendant
Roy F. Gelineau, EsquireRoy F. GelineauDefendant
Joseph E. Boulanger, EsquireJoseph BoulangerOther/respondent
Entry Date Paper Entry Text
10/29/2013 #1 Affidavit of Indigency (IMPOUNDED) and Motion to Waive entry fee, filed by Kimberly Ross Smith. The Motion to Waive entry fee is allowed conditionally, subject to review by the single justice. Notice Sent.
10/29/2013 #2 Motion to file late notice of appeal, filed by Kimberly Ross Smith.^
11/06/2013 #3 ORDER REGARDING PETITIONER'S MOTION TO WAIVE ENTRY FEE: The petitioner in the above-captioned action has filed a Motion to Waive entry fee. To complete review of the Motion, the court requires the following: Petitioner has indicated on her Affidavit of Indigency that she receives "SSID." Because neither "SSID" or "SSDI" are categories of public assistance covered by the statute, see G.L. c. 261, s. 27A, Petitioner is to complete and file the enclosed Supplement to the Affidavit of Indigency on or before November 14, 2013, after which her affidavit of indigency will be reviewed. Supplement to Affidavit of Indigency shall be delivered or mailed to: APPEALS COURT CLERK'S OFFICE, JOHN ADAMS COURTHOUSE, ONE PEMBERTON SQUARE, ROOM 1200, BOSTON, MA. 02108. (Hanlon, J.). Notice Sent.
11/13/2013 #4 Motion to waive the entry fee, filed by Kimberly Ross Smith.
11/13/2013 #5 RE#1: The petitioner appears incapable of paying the filing fee. The court hereby allows the Motion to Waive entry fee. (Hanlon, J.) Notice Sent.
11/14/2013 #6 RE#2: Petitioner has filed a "Motion to File Appeal Late" and references a 11/19/12 order of the Land Court (Sands, J.). The relief requested in the motion is unclear. Accordingly, the motion is denied without prejudice to renewal on or before 11/21/13, specifying the relief requested and providing a memorandum in support establishing the reasons she is entitled to the requested relief. If the Petitioner is seeking either (1) leave to file a notice of appeal late under MRAP 14(b) or (2) leave to docket her appeal late under MRAP 10(a)(3), she is to specify such relief and establish in her renewed submission (1) the date upon which any final appealable order entered in the trial court, (2) excusable neglect for her late filing, and (3) the meritorious issue she intends to pursue on appeal. (Hanlon, J.) *Notice/Attest.
11/20/2013 Opposition to paper #2 or, in the alternative to dismiss appeal, filed by Roy F. Gelineau^
11/22/2013 Letter from Attorney Kimberly Ross Smith, Pro Se Defendant/Petitioner re: Motion to file appeal late^
11/25/2013 RE#2 (Revised Action) Denied (Hanlon, J.). *Notice/attest/Sands, J.