Case Last Refreshed: 6 months ago
Mazzola, Philip J, filed a(n) Equitable Remedies case represented by Flannagan, Esq., Thomas J, Sheehan, Iii, Esq., William H, against O'Brien, Bonita J, O'Brien, John F, represented by Fine, Esq., Meredith, in the jurisdiction of Essex County, MA, . Essex County, MA Superior Courts with David A. Deakin presiding.
Case Number |
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Filing DateOctober 17, 2016 |
CategoryEquitable Remedies |
Last RefreshedDecember 09, 2023 |
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Filing LocationEssex County, MA |
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Appeal entered in Appeals Court on 08/11/2020 docket number 2020-P-0899
Date: August 11, 2020Certificate of service of attorney or Pro Se: Alex Harrington, Esq.
Date: October 12, 2017Certificate of service of attorney or Pro Se: Meredith Fine, Esq.
Date: June 22, 2017Notice of assembly of record sent to Counsel
Date: July 29, 2020Request for Jury instructions filed by Defendants John F O'Brien, Bonita J O'Brien
Date: January 21, 2020Defendants John F O'Brien, Bonita J O'Brien's Submission of proposed rulings of law
Date: January 21, 2020List of exhibits (VIDEO EXHIBITS)
Date: February 18, 2020List of exhibits
Date: January 28, 2020Defendants John F O'Brien, Bonita J O'Brien's Request for A Directed Verdict
Date: January 28, 2020Joint Pre-Trial Memorandum filed:
Date: September 16, 2019Received from Defendant O'Brien, Bonita J: Answer with claim for trial by jury;
Date: June 22, 2017Notice to Clerk of the Appeals Court of Assembly of Record
Date: July 29, 2020Appeal: Statement of the Case on Appeal (Cover Sheet).
Date: July 29, 2020Affidavit of Philip J Mazzola
Date: September 28, 2017Service Returned for Defendant O'Brien, John F: Service made at last and usual;
Date: November 18, 2016John F O'Brien's Memorandum in support of of law to motion to dismiss
Date: December 23, 2016Defendant(s) John F O'Brien's Motion to Dismiss
Date: December 23, 2016Original civil complaint filed. EXHIBITS ON FILE
Date: October 17, 2016ADR Report filed
Date: June 27, 2019Defendant(s) John F O'Brien, Bonita J O'Brien's Motion for Protective Order. filed 2/11/19
Date: February 12, 2019Certificate of service of attorney or Pro Se: Alex Harrington, Esq. filed 2/15/18
Date: February 20, 2018Date | Type | Description | |
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November 15, 2021 | Docket Event | Rescript received from Appeals Court; judgment AFFIRMED ((Milkey, Hand, & Grant, J.J.) (dated October 15, 2021). | |
November 15, 2021 | Docket Event | JUDGMENT/ORDER after Rescript: The original judgment (#67.0) is Affirmed. (Milkey, Hand & Grant, J.J.) (dated: October 15, 2021) | |
August 13, 2020 | Docket Event | Exhibits returned per Order of the Clerk A Exhibit Receipt was generated and sent to: Plaintiff, Attorney: Thomas J Flannagan, Esq. MacLean Holloway Doherty & Sheehan, PC 8 Essex Center Drive, Peabody, MA 01960 | |
August 13, 2020 | Docket Event | Exhibits Returned | |
August 11, 2020 | Docket Event | Appeal entered in Appeals Court on 08/11/2020 docket number 2020-P-0899 | |
July 29, 2020 | Docket Event | Notice of assembly of record sent to Counsel | |
July 29, 2020 | Docket Event | Notice to Clerk of the Appeals Court of Assembly of Record | |
July 29, 2020 | Docket Event | Appeal: Statement of the Case on Appeal (Cover Sheet). | |
July 20, 2020 | Docket Event | Party(s) file Stipulation Plaintiff Philip J. Mazzola, Trustee of the Seventeen Wingaersheek Realty Trust ("Plaintiff") and Defendants John F. O'Brien and Bonita J. O'Brien (O'Briens" or "Defendants"), by and through their counsel, hereby stipulate to the following: The O'Briens do not have a document from the Plaintiff or his predecessors specifically conveying written permission to drive ATV's on the Plaintiff's property; provided however, that the Defendants contend that the easement conveys that permission. The parties dispute whether the easement itself constitutes written permission for such use. 7/10/2020) Applies To: O'Brien, John F (Defendant); O'Brien, Bonita J (Defendant); Flannagan, Esq., Thomas J (Attorney) on behalf of Philip J Mazzola Trustee of The Seventeen Wingaersheek Realty Trust (Plaintiff) | |
July 20, 2020 | Docket Event | Appeal: Party's Letter received re: no transcript on appeal Applies To: Flannagan, Esq., Thomas J (Attorney) on behalf of Philip J Mazzola Trustee of The Seventeen Wingaersheek Realty Trust (Plaintiff) |
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