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Court Case Record TRUSTEES OF FIFTY-TWO SUMMER STREET TRUST vs. JOHN F. PERULLO & others 2011-P-1251 UID(d9c5)


TRUSTEES OF FIFTY-TWO SUMMER STREET TRUST vs. JOHN F. PERULLO & others Court Case Record

Court Case Number: 2011-P-1251


 
Case Number2011-P-1251
Case TitleTRUSTEES OF FIFTY-TWO SUMMER STREET TRUST vs. JOHN F. PERULLO & others
Case TypeCivil
StateMassachusetts, MA
CountyEssex
CourtEssex Superior Court
Court Address
Phone
Field Date05/17/2010
Close Date10/19/2011

Parties

CounselNameType
Lori Anne Atkins, EsquireTrustees of Fifty-Two Summer Street TrustPlaintiff/Appellee
Jason A. Webber, EsquireJohn F. PerulloDefendant/Appellant
Jason A. Webber, EsquireRosemarie PerulloDefendant/Appellant
Jason A. Webber, EsquirePowerfitness, LLCDefendant/Appellant
DOCKET ENTRIES
Entry Date Paper Entry Text
07/19/2011 #1 Entered.
07/19/2011 #2 Notice of entry sent.
07/19/2011 #3 MOTION to waive additional entry fees, filed by John F. Perullo, Rosemarie Perullo, & Powerfitness, LLC.
07/20/2011 #4 RE#2 Allowed. The appeals of Rosemarie Perullo and Powerfitness LLC are entered this date on the sole fee previously paid. Appellant's brief remains due on 08/29/11. Notice
09/07/2011 #5 MOTION to strike and dismiss appeal, filed by Trustees of Fifty-Two Summer Street Trust.
09/19/2011 #6 RE#3: The First Step of the Appeals Court Standing Order Concerning Dismissal of Appeals for Lack of Prosecution shall enter forthwith. It is also noted that the appellants have failed to file the docketing statement required by the Appeals Court's Pilot Program Requiring Appellants to File Docketing Statements in Civil Cases. The appellant's are referred to the Court's website for information regarding the pilot program and submission requirements for the docketing statement.. *Notice.
09/20/2011 #7 Notice preceding dismissal: Standing Order Governing Dismissals for Lack of Prosecution.
10/04/2011 ORDER: DISMISSAL under Standing Order Governing Dismissals for Lack of Prosecution.
10/14/2011 Second motion to strike and dismiss appeal, filed by Trustees of Fifty-Two Summer Street Trust.
10/19/2011 RE#4: Dismissal of the appeal will result in due course, absent any action taken by the appellant, and pursuant to the standing order concerning dismissal of appeals for lack of prosecution. *Notice.
10/19/2011 Notice of dismissal to Trial Court and parties: Standing Order Governing Dismissals for Lack of Prosecution.
10/24/2011 Letter from Lori a. Atkins, Esq. re: request to forward execution.
10/24/2011 Letter from Jason A. Webber, Esq. re: Second Motion to strike and dismiss appeal (paper #4), and request that neither court take any action until November 3, 2011.
10/26/2011 RE#7: The within is treated a motion for reconsideration of the entry, on 10/19/11, of the Notice of Dismissal to the Trial Court, P#5, for the reason that it entered prematurely, and as such it is denied. After review of the docket, it appears that, pursuant to the procedure set forth in the standing order concerning the dismissal of appeals for lack of prosecution, the entry of dismissal to the trial court was proper, and not entered prematurely. The 1st Step of the dismissal process entered on 9/19/11, with notice given to the parties same date. From the date of this notice, pursuant to the standing order, the appellants were required to file within fourteen days a motion and affidavit seeking an enlargement of time in which to file the brief and appendix. Because the appellants failed to file a motion and affidavit within this time, the appeal was dismissed. "If no such motion and affidavit are received by the clerk within such period, the clerk shall forthwith dismiss such appeal... for lack of prosecution." (See Standing Order Concerning Dismissal of Appeals for Lack of prosecution.) A motion to reinstate the appeal, which establishes excusable neglect and a meritorious appellate issue, may be filed by the appellants. *Notice.