Opinion
February 10, 1983.
Present: Cowdrey, P.J., Tiffany Forte, JJ.
Bills and Notes, Promissory note. Damages, Double costs. Practice, Civil, Appellate division: report; Filing of briefs; Appearance to prosecute appeal; Dist./Mun. Cts. R. Civ. P., Rules 56 and 64; Motion for summary judgment; Motion to amend judgment; Motion to dismiss appeal.
Report of court's dismissal of defendant's appeal. Action heard in the Salem Division by Doyle, D., J.
David C. Williams for the plaintiff.
Richard L. Moffitt for the defendant.
This is an action in contract based upon a promissory note which was filed in the trial court on March 10, 1981.
The docket indicates that the answer was filed on May 4, 1981; and that plaintiff's Dist./Mun. Cts. R. Civ. P., Rule 56 motion for summary judgment was allowed on June 17, 1981. The defendant submitted a motion to amend the judgment on August 12, 1981 which, after several continuances, was heard and denied on December 8, 1981.
The defendant claimed a report on the basis of alleged impropriety in the trial court's allowance of the plaintiff's Rule 56 motion for summary judgment and denial of the defendant's subsequent motion to amend judgment. The defendant also raised a question of issue preclusion by a prior action in the Superior Court Department for Essex County.
The defendant-appellant neither filed briefs in accordance with Dist./Mun. Cts. R. Civ. P., Rule 64, not appeared at the Appellate Division to prosecute his appeal.
The plaintiff-appellee's motion to dismiss this appeal is herewith allowed. Cahill v. Town of Swampscott, Mass. App. Div. Adv. Sh. (1979) 337, 338-339; Hill v. Motor Club of American Ins. Co., Mass. App. Div. Adv. Sh. (1978) 646. The plaintiff is also awarded double costs in accordance with Dist./Mun. Cts. R. Civ. P., Rule 64(g).
So ordered.