Posts tagged "Clerk"

Bishay, et al. v. Clerk of the Superior Court on Norfolk County (Lawyers Weekly No. 10-018-17)

(adsbygoogle = window.adsbygoogle || []).push({});

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12153

BAHIG BISHAY & others[1]  vs.  CLERK OF THE SUPERIOR COURT IN NORFOLK COUNTY.

January 23, 2017.

Mandamus.  Clerk of Court.  Judgment, Implementing settlement agreement.  Practice, Civil, Action in nature of mandamus, Entry of judgment.

Bahig Bishay commenced an action in the Superior Court, bringing various claims against National Investigations, Inc., and its principals, Glenn Gillis and Garry Gillis (collectively, National); Harvard 45 Associates, LLC, and its principals, Harold Brown and Enrique Darer (collectively, Harvard); and Allied Finance Adjusters Conference, Inc. (Allied), arising from Bishay’s eviction from his home.  More particularly, Bishay sought damages on various theories for the removal and storage of his personal property in the course of the eviction.  Allied’s motion to dismiss the claims against it was allowed, as was Harvard’s motion for summary judgment as to both the claims against it and a counterclaim it asserted against Bishay.  Bishay and National thereafter reported that they settled their dispute, and they moved for entry of final judgment.  Harvard and Allied opposed the motion, and a judge in the Superior Court denied it.  Bishay again moved for entry of final judgment.  Harvard and Allied opposed that motion, and a different judge denied it.  Bishay and National (collectively, petitioners) jointly filed a petition in the county court seeking relief in the nature of mandamus pursuant to G. L. c. 211, § 3, and G. L. c. 249, § 4, specifically requesting that the clerk of the Superior Court be ordered to enter final judgment as the petitioners proposed.  Harvard moved to intervene and filed an opposition, joined by Allied, in which it argued that the proposed judgment was collusive and fictitious, adverse to the interests of Harvard and Allied, and contrary to the prior ruling on summary judgment.[2]  A single justice of this court denied relief without a hearing.  The petitioners appeal. read more

Read more...

Posted by Massachusetts Legal Resources - January 23, 2017 at 10:07 pm

Categories: News   Tags: , , , , , , , ,

Skandha v. Clerk of the Superior Court for Civil Business in Suffolk County (Lawyers Weekly No. 10-168-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-11811

BODHISATTVA SKANDHA  vs.  CLERK OF THE SUPERIOR COURT FOR CIVIL BUSINESS IN SUFFOLK COUNTY.

September 29, 2015.

Supreme Judicial Court, Superintendence of inferior courts.  Mandamus.  Practice, Civil, Action in nature of mandamus, Assembly of record.  Clerk of Court.

The petitioner, Bodhisattva Skandha, appeals from a judgment of a single justice of this court denying his petitions pursuant to G. L. c. 211, § 3, and for relief in the nature of mandamus pursuant to G. L. c. 249, § 5.  We affirm.

Background.  The petitions stem from Skandha’s effort to appeal from the dismissal of a complaint in the Superior Court that he and two other plaintiffs filed, in August, 2010, against the Committee for Public Counsel Services (CPCS) and several associated attorneys.  The plaintiffs claimed that CPCS and the attorneys had violated the plaintiffs’ due process rights by, among other things, failing to screen their new trial motions to determine whether they had any claims that would entitle them to relief from their respective convictions.  A judge in the Superior Court dismissed the complaint, in May, 2013, and it appears that Skandha timely filed a notice of appeal.[1]  The appeal was dismissed, however, in January, 2014, apparently on the basis that Skandha had failed to take the necessary steps to perfect it.[2] read more

Read more...

Posted by Massachusetts Legal Resources - September 29, 2015 at 7:35 pm

Categories: News   Tags: , , , , , , , , , ,

McCants v. Clerk of Suffolk Superior Court for Criminal Business (Lawyers Weekly No. 10-082-13)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC‑11263

OWEN McCANTS  vs.  CLERK OF SUFFOLK SUPERIOR COURT FOR CRIMINAL BUSINESS.

May 14, 2013.

Supreme Judicial Court, Superintendence of inferior courts.  Moot QuestionPractice, Civil, Moot case.

Owen McCants appeals from a judgment of a single justice of this court dismissing as moot his petition for a writ of mandamus and for a declaratory judgment.  We affirm.

A Superior Court jury convicted McCants of several crimes, and the Appeals Court affirmed the convictions.  See Commonwealth v. McCants, 65 Mass. App. Ct. 1121 (2006).  McCants thereafter filed a motion for a new trial, which was denied.  He then filed a notice of appeal, the record was assembled, and the appeal was entered in the Appeals Court, where it remains pending.  Then, in April, 2012, he filed a petition in the county court, asserting that the trial court clerk’s office had failed to docket several pleadings that he had filed in that court in connection with the motion for a new trial.  In response, the respondent submitted a letter to the county court indicating that the clerk’s office had updated the docket to include the pleadings in question and that the entire record, including those pleadings, had been assembled and forwarded to the Appeals Court.  On the basis that McCants had received the relief that he was seeking — the docketing of his pleadings in the trial court — the single justice dismissed the petition as moot. read more

Read more...

Posted by Massachusetts Legal Resources - May 15, 2013 at 1:24 am

Categories: News   Tags: , , , , , , , , ,