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Gonsalves v. Cataldo

Massachusetts Appellate Division, Southern District
Apr 23, 1991
1991 Mass. App. Div. 66 (Mass. Dist. Ct. App. 1991)

Opinion

April 23, 1991.

Present: Dolan, P.J., and Hurley, J.

Banks and Banking, Account opened for minor; Uniform Gifts to Minors Act. Practice, Civil, Requests for rulings, Lack of.

Report of court's dismissal of plaintiff's report. Action heard in the Stoughton Division by Robert B. Sheiber, J.

Steven L. Berger for the plaintiff.

Michael J. Yerardi for the defendant.


Plaintiff initiated this action against her stepfather to recover monies allegedly deposited in a bank account for her benefit by the defendant pursuant to the Uniform Gifts to Minors Act. Defendant claimed that he opened the account in error. The court found for the defendant and the plaintiff appealed.

The trial court found that the defendant did not make a gift to the plaintiff pursuant to the Uniform Gifts to Minors Act. There were no other written findings. This is a finding of fact from which there is no appeal. Scanzillo v. North American Phillips Lighting Corporation, 1989 Mass. App. Div. 225, 226.

Given the procedural posture of this case, there are no questions of law for this division to review. Plaintiff did not file any requests for rulings of law. It is now clear and well established that, in the posture of this case, the filing of a request for a ruling of law is necessary to gain appellate review in the appellate division. Arent v. Feinstein, 1989 Mass. App. Div. 68.

Report dismissed.


Summaries of

Gonsalves v. Cataldo

Massachusetts Appellate Division, Southern District
Apr 23, 1991
1991 Mass. App. Div. 66 (Mass. Dist. Ct. App. 1991)
Case details for

Gonsalves v. Cataldo

Case Details

Full title:Messia Gonsalves vs. Joseph Cataldo

Court:Massachusetts Appellate Division, Southern District

Date published: Apr 23, 1991

Citations

1991 Mass. App. Div. 66 (Mass. Dist. Ct. App. 1991)