Traver v. Davidson

Full title: Edward L. Traver, III, and another vs. L. John Davidson

Court: Massachusetts Appellate Division, Northern District

Date published: Mar 28, 1983

1983 Mass. App. Div. 106 (Mass. Dist. Ct. App. 1983)

Opinion

March 28, 1983.

Present: Cowdrey, P.J., Banks Jodrey, JJ.

Practice, Civil, Petition to establish report; Dismissal; Lack of prosecution.

Report of court's denial of defendant's petition to establish. Action heard in the Lawrence Division by Basile, J.

Mark B. Johnson for the plaintiffs.

L. John Davidson, pro se.

Banks, J.

This is a petition to establish the defendant's draft report which was dismissed by the trial court.

The defendant did not appear at oral argument, and this petition is thus subject to dismissal for lack of prosecution.

It is also evidence that the defendant has proceeded erroneously by way of a petition to establish. The dismissal of a draft report can be reviewed and remedied solely upon a report of the dismissal to this Division. Dist./Mun. Cts. R. Civ. P. Rule 64 (c)(6); Gallagher v. Atkins, 305 Mass. 261, 264-265 (1940); Arciero v. Eagle Realty Assoc. Inc., 1982 Mass. App. Div. 203, 204; Lane v. Smith, 57 Mass. App. Dec. 27, 28 (1975).

The defendant's petition to establish is denied.