Haddad v. Gonzalez, 576 N.E.2d 658 (1991)

Citation: Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Parent Document: Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Jurisdiction: Massachusetts (state)
Effective Date: 1991-08-12
Original Source: https://www.courtlistener.com/opinion/2013415/haddad-v-gonzalez/ ↗

Full Text

1,523 chars

[4] There has been some delay in the perfection of the appeal which appellate counsel for Gonzalez attributes to Haddad and makes the basis of an argument that we dismiss his appeal because he did not file a timely notice of appeal and did not seasonably comply with the rules of appellate procedure set forth in Mass. R.A.P. 8 (b) (3) (ii), as amended, 388 Mass. 1006 (1983), for the preparation of a transcript from electronically recorded proceedings, and Mass. R.A.P. 9 (c) (1) and (2), as amended, 378 Mass. 935 (1979), for assembly of the record. Similar arguments in support of a motion to dismiss the appeal were made by counsel for Gonzalez to the trial judge, who rejected them. The judge ruled correctly. As to the seasonableness of the appeal, Haddad filed a timely notice of appeal from the determination made by the judge on May 31, 1988, pursuant to Mass. R. Civ. P. 54 (b), 365 Mass. 820 (1974). That determination was designed to end confusion about whether an appealable judgment had been entered, and we conclude that, at least in the circumstances of this case, Haddad's prompt filing of a notice of appeal after the docketing of the judge's rule 54 (b) determination satisfied his obligation to appeal in a timely manner. The delay in obtaining transcripts of the electronically recorded proceedings did not violate any aspect of Mass. R.A.P. 8 (b) (3) or 9 (c) (1) and (2), and we agree with the judge that the delay, and other reasons referred to by Gonzalez, provided no basis to dismiss the appeal.

Other Sections in This Document (154)

Full Text