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Court Case Record SALLY DODGE JAMES & another vs. WARREN O''BRIEN 2013-J-0456 UID(e79e)


SALLY DODGE JAMES & another vs. WARREN O''BRIEN Court Case Record

Court Case Number: 2013-J-0456


 
Case Number2013-J-0456
Case TitleSALLY DODGE JAMES & another vs. WARREN O''BRIEN
Case TypeCivil
StateMassachusetts, MA
CountyPlymouth
CourtPlymouth Superior Court
Court Address
Phone
Field Date10/17/2013
Close Date10/21/2013

Parties

CounselNameType
Patrick M. Troy, Esquire John R. Callahan, EsquireSally Dodge JamesPlaintiff/Petitioner
James E. Neyman, EsquireSally DodgePlaintiff
Mark C. Darling, EsquireWarren O'BrienDefendant/Respondent
John M. Horn, EsquireHermand TavaresOther/respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
10/17/2013 #1 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Sally Dodge James. ^
10/21/2013 RE#1: The plaintiff failed to file a timely G. L. c. 231, § 118 (par. 1) petition for review of the trial court's January 18, 2013 order, allowing, in part, her motion to amend her complaint. The filing of a motion for reconsideration in the trial court does not toll or enlarge the thirty-day period set forth in G. L. c. 231, § 118 (first par.). See McGrath v. McGrath, 65 Mass. App. Ct. 670, 671 (2006). The plaintiff has not established that her motion for reconsideration of the January 18, 2013 order raised any substantially new matter from that which was presented in the prior motion. Since the motion for reconsideration essentially seeks review of the first order, the petition is denied as untimely. See id. at 671-672; Manousos v. Sarkis, 382 Mass. 317, 322-323 (1981) (Grasso, J.). Notice/attest/Muse, J.