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Milton Savings Bank v. Amelung
Citations: 4 Mass. App. Ct. 790; 343 N.E.2d 447; 1976 Mass. App. LEXIS 570
Court: Massachusetts Appeals Court; March 9, 1976; Massachusetts; State Appellate Court
A plaintiff won a judgment for possession, which the defendant appealed on January 6, 1975. The defendant requested a free copy of the transcript on February 11, 1975, which was granted by a Superior Court judge on February 24, 1975, and the transcript was filed shortly after. However, on March 6, 1975, the judge granted the plaintiff's motion to dismiss the appeal, citing the defendant's non-compliance with Rule 8(c) of the Massachusetts Rules of Appellate Procedure. The defendant appealed this dismissal. The court found that Rule 10(c) does not permit dismissal for non-compliance with Rule 8(c). If the dismissal was intended to reference Rule 9(c), the defendant had complied with that rule, as the request for the transcript was implicitly a request for an extension of time, filed within the allowable period. The transcript was submitted promptly after the motion's allowance. The court determined that there was no evidence of non-compliance with other requirements of Rule 9(c), including clerk requests and docket fee payments. Consequently, the order dismissing the appeal was reversed.