Preview
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss
PROBATE AND FAMILY COURT DEPT.
DOCKET NO. BA22P0280EA
In re, ESTATE OF
ROBERT WILLIAM ALLARD
WILL PROPONENTS’ MOTION TO DISMISS JOHN ALLARD’S DEFECTIVE
NOTICE OF APPEAL
NOW COME, the Will Proponents, Petitioner Brian Allard, Will Beneficiary Nathan
Allard, Will Beneficiary Rebecca Rosenthal, (“hereinafter “Proponents”) pursuant to Mass. R.A.
P. 3 & 4, and respectfully requests this Honorable Court dismiss the Notice of Appeal filed by
John Allard (hereinafter “John”) on October 12, 2023.
AS GROUNDS THEREFORE, the Will Proponents state:
On July 10-11, 2023, a two-day trial was held on John Allard’s (“John”) Petition for
Intestacy and John’s objection to Brian Allard’s (“Brian”) Petition to Probate Robert
Allard’s will. See Exhibit A, a copy of the MassCourts docket.
On September 13, 2023, this Honorable Court Issued Findings of Fact and Rulings of Law.
The Court found Robert Allard’s will to be valid. See Docket Paper No. 98.
(14
On September 14, 2023, this Honorable Court issued a Dismissal of John’s Petition for
Intestacy and a Judgement Allowing Brian’s Petition for Formal Probate of a Will. See
Docket Papers No. 99-100.
On September 25, 2023, the Will Proponents filed a timely Motion to Amend pursuant to
Mass. R. Civ. P. 59(e) and 52(b). See Docket Paper No. 104.
On September 27, 2023, John’s trial counsel, Attorney Robertson, opposed the Will
Proponents Motion to Amend. See Docket Paper No. 105.
On October 102, 2023, Attorney Andrea Kramer appeared on behalf of John Allard and
filed a Notice of Appeal. See Docket Papers No. 106-107.
On October 25, 2023, John’s appellate Counsel, Attorney Kramer ordered the trial
transcripts trial audio. See Docket Papers No. 110-112.
On October 26, 2023, this Honorable Court denied the Will Proponent’s Motion to Amend.
See Docket Paper No. 113.
On November 7, 2023, the order denying the Will Proponent’s Motion to Amend was
entered into the docket. Id.
10. On January 9, 2024, the Court issued Notice of Receipt of Transcripts. See Docket Paper
No. 114.
ll To date, John has not made any subsequent filings since the Court ruled on the Will
Proponents’ Motion to Amend.
12. The Proponents’ respectfully request the Court dismiss John’s October 12, 2023 Notice of
Appeal, as it is no longer effective.
13. The Will Proponent’s Motion to Amend Tolled and Reset the Time to File a Notice
of Appeal. Certain Post Trial motions by Rule toll the timeliness of a Notice of Appeal
pursuant to Mass. R.A.P. 4, as appearing in 481 Mass. 1606 (2019):
“If a motion is made or served in a timely manner under the Massachusetts Rules
of Civil Procedure and filed with the lower court by any party, the time to file an
appeal runs for all parties from the entry of the order disposing of the last
remaining motion: (A) for judgment under Rule 50(b); (B) under Rule 52(b) to
amend or make additional findings of fact, whether or not an alteration of the
judgment would be required if the motion is granted; (C) to alter or amend a
judgment under Rule 59 or for relief from judgment under Rule 60(b), however
titled, but only if either motion is served within 10 days after entry of judgment;
or (D) under Rule 59 for a new trial.” Mass. R.A.P. 4(a)(2)(A-D).
The Will Proponents served and filed their Motion to Amend, which was pursuant
to both Rules 52(b) and 59(e). Both types of motions are noted in Mass. R.A.P.
4(a)(2)(B) &(C), as motions that would toll and reset the time to file a notice of appeal.
The motion was served on September 24, 2023. This service was timely as it was within
the ten-day deadline for the service of such a Post-Trial motions. See Mass. R. Civ. P.
59(b) & 52(e). On September 25, 2023, the Will Proponents then filed their Motion with
the Court. Therefore, the time to file a notice of appeal would have run from the order
disposing of the Will Proponents’ Motion to Amend, either October 26, 2023 (the date of
the ruling) or November 7, 2023 (the date the order was entered on the docket).
14. John’s October 12, 2023 Notice of Appeal has No Effect. Notices of Appeal filed prior
to an order disposing of a Post Trial motion listed in Mass. R.A.P. 4(a)(2)(A-D) have no
effect. “A notice of appeal filed before the disposition of any timely motion listed in Rule
4(a)(2) shall have no effect. A new notice of appeal must be filed within the prescribed
time measured from the entry of the order disposing of the last such remaining motion.”
Mass. R.A.P. 4(c). Here, the Proponents served and filed a timely Motion to Amend
which is included under Mass R.A.P. 4(a)(2). The Court ruled on that motion on October
26, 2023 and entered the order on the docket on November 7, 2023. The most generous
reading of the Appellate rules and counting from November 7, 2023, it has now been 63
days since the Court’s entry of the order disposing of the last Post Trial motion included
in Mass. R.A.P. 4(a)(2).
15, Lack of a Timely Notice of Appeal is Fatal to John’s Appeal. It is important to note,
Mass. R.A.P. 3, as appearing in 481 Mass. 1603 (2019), stresses the consequences of an
untimely notice. The rule suggests other procedural defects may be overlooked, except
for the timely filing of the Notice. “Failure of an appellant to take any step other than the
timely filing of a notice of appeal shall not affect the validity of the appeal.” Mass.
R.A.P. 3(a)(1)(emphasis added). Based on the foregoing, John Allard’s October 12, 2023
Notice of Appeal should be given no effect and dismissed by the Court.
16. The Trial Court is Now Without Authority to Accept a Late Notice of Appeal from
John. The Court is only authorized to extend the time for filing a notice of appeal for
thirty days from the deadline prescribed by the rules. “Upon a showing of excusable
neglect, the lower court may extend the time for filing the notice of appeal or notice of
cross appeal by any party for a period not to exceed 30 days from the expiration of the
time otherwise proscribed by this rule.” Mass. R. A. P. 4(c)(emphasis added). “{] our
courts have ruled in numerous contexts that, where an appeal period is set by statute, a
court lacks the authority to enlarge it,” whether under Rule 4(c) or other rules. See Wells
Fargo Bank, Nat'l Ass'n y. Mondi, 98 Mass. App. Ct. 280, 283 (2020). See also, Correira
y. . David, 5 Mass.App.Ct. 772 (1977)( Appeal filed 78 days after entry of order of probate
court was untimely and was beyond time in which trial court had authority to allow late
filing of appeal on showing of excusable neglect). Here, John would have had to file his
new notice of appeal on or before December 8, 2023. He failed to do so. Alternatively,
John would have had to file a motion to allow late notice of appeal, send notice to the
other Parties and place on the record a showing of excusable neglect, for the Court to
allow for an additional thirty days. Hypothetically, this extension could have allowed his
new notice of appeal until January 8, 2023. Again, he has failed to seek such an
extension. More than 60 days have elapsed since the order disposing of the Will
Proponents’ Motion to Amend. The court is without authority to allow any further
Notices of Appeal. Per the appellate rules, John’s notice of appeal has no effect.
Therefore, John’s appellate right to file a new notice of appeal has been extinguished.
WHEREFORE, the Will Proponents respectfully request this Honorable Court dismiss the
Notice of Appeal filed by John Allard (hereinafter “John”) on October 12, 2023 due to the Court’s
subsequent ruling on a Mass. R.AP. 4(a)(2) Motion to Amend on October 26, 2023 and entry of
that order on November 7, 2023,
TIVE
Tey 9 AYISID=
O a
AINAED
21:0) uy IT Mur agg
2
co? ATO sp
Notice of Hearing
Please note, this motion has been marked for in person hearing on January 25, 2024, at
9:30am, at the Barnstable County Family and Probate Court, 3195 Main Street, Barnstable, MA
02630.
Dated: January 10, 2023 Respectfully submitted,
on behalf of Will Beneficiary Nathan Allard,
by counsel,
/s/ Anthony Bowers
Anthony W. Bowers, Esq.
PO Box #789
Chatham, MA 02633
508-274-4136 Office
774-487-0205 Mobile
BBO#681002
Attorneybowers@gmail.com
Brian Allard, Petitioner/Objector,
By his attorney:
/s/ Sara J. Kohls
Sara J. Kohls, Esq. (687930)
Law Offices of Sara J. Kohls
411 Main Street
Yarmouth Port, MA 02675
(508) 470-8050
(508) 470-8056
ara@sikohlslaw.com
Will Beneficiary Rebecca Rosenthal, by her
attorney: :
‘sf Charles Sabatt
Charles M. Sabatt; Esq. "
alt
2024 Jay
! Ait (9. 13
COUNT
aor OF
2G STR
r F PRG,
BBO #436740
540 Main Street - Suite 8
Hyannis, MA 02601
508-775-5050
CMS@SabattLaw.com
CERTIFICATE OF SERVICE
January 11, 2023
I, Anthony Bowers, Esq., do hereby certify that I did this day serve a copy of the foregoing
in the above referenced matter upon all attorneys and parties of record, by:
By mail:
Attorney Andrea Kramer, Counsel for John Allard, One Gateway Center, 300 Washington St., Suite
308, Newton, MA 02458
Email:
Attorney Timothy Robertson, Counsel for John Allard, tim@tranklaw.com
Attorney Andrea Kramer, Counsel! for John Allard, andrea@kramerlawllc.com
Attorney John S. Booth, Special Personal Representative, Estate of Robert Allard,
john@boothlawpe.com
Julie K. Woodward, Esq., Counsel for Peter Allard and Jenn Allard, jwoodward@latanzi.com
/s/ Anthony W. Bowers
Anthony W. Bowers, Esq.
in ul
2024 JAN LAK IO:
13
COUNTY BA3,
RIGISTR PLE
ATE
EXHIBIT A
1/10/24, 3:05 PM Case Details ~ Massachusetts Trial Court N3
BA22P0280EA In the matter of: Allard, Robert William
Case Type:
Estates and Administration
Case Status:
Closed
File Date
02/28/2022
DCM Track:
Initiating Action:
Format Adjudication of intestacy and Appointment of Personal Representative
‘Status Date:
09/14/2023
Case Judge:
Tierney, Hon. Susan Sard
Next Event:
[Preps information
Allinformation | Party | Subsequent Action/Subject | Event | Docket | Disposition }
-
Party Information a
Allard, Robert William
~ Decedent
DOD Alias
01/8/2022 AKA Allard, Robert W
(Party Attorney
More Party Information
Allard, Brian
- Petitioner
DOD (Alias - —
Fay ‘Attorney
ikonis, 250,, Sara J
Bar Code
687930
Address
Law Offices of Sara J Kohls
411 Main St Bldg 1 Unita
Yarmouth Port, MA 02675
. Phone Number
. (608)470-8050
More Party Information
Allard, Brian
- Proposed Fiduciary
DOD {Alias
(Party Attorney )
More Party Information
Allard, John
= Objector
BOD {alias
Party Attorney
Attorne|
Kramer, Esq., Andrea Charna
« |Bar Code
+ (63;
+ [Address
hitps:fAvww.masscourts.org/eservices/searchresulls.page?x=UEvIMjTv30Q5aQjsGcVnPH83nKIbSHIISmfpY TobW*F 805" NIKHnR2MyFoAUCnXOy-Y, a 1/10
1110/24, 3:05 PM Case Details - Massachusetts Trial Court N3-
. Kramer Law LLC
One Gateway Center
300 Washington Street Suite 308.
Newton, MA 02458
Phone Number
(617)780-1685
Atom
Robertson, Esq., Timothy F
Bar Code
667267
‘Addre:
IT FRANK LAW, PLLC
440 Main St
Brewster, MA 02631
Phone Number
(617)702-2449
More
Information
Party
Allard, Brian D.
- Objector
DOD {alias
Party Attorney
Attar
Kohls, Esq., Sara J
Bar Code
687930
Address
Law Offices of Sara J Kohis
411 Main St Bldg 1 Unit A
Yarmouth Port, MA 02675
Phone Number
(808}470-8050
More Party Information
Allard, Nathan F.
» Objector
«|DOD (Alias
°
Party Attorney
|Attomey
Bowers, Esq., Anthony W
Bar Code
681002
Address
The Law Office of Anthony W. Bowers
802 Main St
PO Box 789
Chatham, MA 02633
Phone Number
(608)274-4136
More Party Information
|
Allard, Peter M
= Objet
DOD (alias
(Party Attorney J
More Party Information
Allard, Peter M
- Objector
BOD (alias
(Party Attorney )
More Party Information
Allard, Jennifer L.
= Objector
DOD {alias
Party Attorney
/Attorne:
Sofio, Esq., Jessica R
Bar Code
707745
https/Aww.masscourts. org/eservices/searchresults.paga?x=uEvIMjTvaoQ5aQjsGcVnPH83nKloSHIISmipY
TobW" F805 *NiKHnR2MyFoAuCnxOy-Y... 20
1110/24, 3:05 PM Case Details - Massachusetts Tria) Court N3
Address
‘Sofio Law LLC
132 Leland Rd
Brewster, MA 02631
Phone Number
(978)501-2618
Attomey
Woodward, Esq., Julie K
Bar Code
709968
Address
La Tanzi, Spautding and Landreth
8 Cardinal Lane
‘Orleans, MA 02653
Phone Number
(808)255-2133
More Party tnformation |
Rosenthal, Rebecca
~ Obje
DOD {AtiasS_ cen — 3
Party Attorney
Atoms
Sabatt, Esq., Charles Mark
Bar Code
436740
Address:
Attomey At Law
540 Main St
Suite &
Hyannis, MA 02601
Phone Number
(608)775-5050
More Party Information
a
Allard, Nathan F.
+ Interested Person
«|DOD {alias
.
Party Attorney
Attorney
Bowers, Esq., Anthony W
Bar Code
681002
Address
The Law Office of Anthony W. Bowers:
802 Main St
PO Box 789
Chatham, MA 02633
Phone Number
(508)274-4136
More Party Information
seo
Booth, John S.
- Personal Representative
« DOD (Alias
°
Party Attorney
|Attormey
Pro Se
Bar Code
PROPER
Address
Phone Number
More
Information
Party
Booth, Esq., John 8.
- Special Personal Representative
oe
« {DOD (atias
°
Party Attorney
Attomey
Pro Se
Bar Code
PROPER
hitps:/Awww.masscourts.org/eservices/searchresults.page?x=uEVvIM]
| v30Q5aQjsGcVnPH83nKIbSHIISmipY TobW*F8o5*NfKHnR2MyFoAuCnXOy-Y... 30
1110/24, 3:05 PM Case Details - Massachusetts Trial Court N3
Address
+||Phone Number
More Party Information
| Subsequent Action/Subject
Status Description galsubloct Pleading, Responding Party, Status,
Party Date
Closed S/A- Formal Probate of Will with Appointment of Personal 4 Allard, Brian Allard, Robert 09/14/2023
Representative William
ve = 25
TNT one
Events
Date Session Location Type Event Judge Result
05/18/2022 Administrative Ex Parte Hearing Tierney, Hon. ‘Administrative Judicial
03:30 PM Session (Emergency) Susan Sard
05/26/2022 Judge Tiemey Go to zoom.com or call 646- Motion Tierney, Hon. Video Conference -
08:30 AM jassion 628-7666 ,ID# 1607566444 Susan Sard JudgmentDecree/Order
Issued
06/15/2022 Administrative Administrative Review
11:00 AM Session
_—
08/03/2022 Judge Tierney Courtroom 1 Ex Parte Hearing Tierney, Hon. Administrative Judicial
03:00 PM Session (Emergency) Susan Sard
oBit 8/2022 Judge Tierney Courtroom 1 Review Hearing Tisrney, Kon, Case Not Heard and
ssion Susan Sard Rescheduled
08/18/2022 Judge Tierney Courtroom 1 Review Hearing Tierney, Hon. Video Conference -
09:30 AM Session Susan Sard Judgment/Decree/Order
Issued
09/06/2022 Judge Tierney Courtroom 1 Motion Tierney, Hon. Order Issued E
02:00 PM Session Susan Sard
10/20/2022 Judge Tiemey Courtroom 1 Review Hearing Tierney, Hon. Case Not Heard and
09:30 AM Session Susan Sard Rescheduled
ae
12/12/2022 Judge Tierney Courtroom 1 Review Hearing Tierney, Hon. Order Issued
08:30 AM Session Susan Sard
03/09/2023 Assistant Judicial AJCM AP PATHWAYS: Case Management Pouliot, Esq., Pathways - Scheduled to
10:30 AM Case Manager Conference - Probate Ashton Pathways
Session Guardianship
03/13/2023 Administrative Motion Tierney, Hon. Administrative Judicial
02:00 PM Session Susan Sard
03/22/2023 Judge Tiemey Courtroom 1 Pretrial Conference - Tierney, Hon. Order Issued
10:30 AM Session Probate and ‘Susan Sard
Guardianship
03/22/2023 Bamstable Session Motion Unassigned Order Issued
10:30 AM
07/10/2023 Judge Tierney Courtroom 1 Trial 4 Day Tierney, Hon. Multi-Day Event
10:30 AM Session Susan Sard
07/11/2023 Judge Tiemey Courtroam 4 Trial 1 Day Tierney, Hon, Under Advisement
10:30 AM Session Susan Sard
07/14/2023 Judge Tierney ~ Courtroom 1 Trial 1 Day Tierney, Hon. Taken Off List
10:30 AM Session Susan Sard
- ” te
Docket Information
Docket Docket Text File Image
Date Ref Avail.
Nbr.
02/28/2022 Petition for Formal Probate
Imag
httpsuAwww.masscourts.org/eservices/searchresults,
page ?x=uEviM]Tv30Q5aQjsGcVnPH83nkIbSHIISmfpY TobW*F805" NIKHNR2MyFoAUCnXOy-Y... 4/10
110/24, 3:05 PM Case Details - Massachusetts Trial Court N3
Docket
Docket Docket Text image
Date Ref Avail.
Nbr.
02/28/2022 Certificate of Death @image |
02/28/2022 Surviving Spouse, Children, Heirs at Law
02/28/2022 Bond with Corporate Sureties
Se
oF
02/28/2022 Interested Person(s) , Filed Form MPC 455 fo, ,
02/28/2022 Affidavit as to Military Service
wen Se
02/28/2022 Suspicious Death Affidavit Sg
03/01/2022 Petition for Formal Probate 10
Se Image
03/01/2022 NOTICE: Citation on Petition for Formal Adjudication issued for unsupervised administration to be
published in Cape Cod Times.
93/01/2022 Certificate of Death 1 @ Image
03/01/2022 will 12
Se
03/01/2022 Devisees 13
03/01/2022 Surviving Spouse, Children, Heirs at Law 14
03/01/2022 Bond Filed 15
03/01/2022 Interested Person(s) , Filed Form MPC 455 to, , 16
03/01/2022 Aifidavit as to Military Service 7
ee
03/01/2022 Uniform Counsel Certification Form Filed by 18
cnn Se
03/01/2022 Appearance by Attorney, ,Party Name 19
03/10/2022 Affidavit Of Objection
Applies To: Allard, Brian D. (Objector) Image
03/15/2022 Appearance by Attorney, Sara J Kohis, Esq.,Party Name Brian D. Allard
03/15/2022 NOTICE: Citation on Petition for Formal Adjudication issued for unsupervised administration to be
published in The Cape Cod Times,
~~
eS
03/15/2022 Objection
ao en
03/29/2022 Citation Filed; Served as ¢Ordered 21
oS
03/31/2022 Appearance by Atlorney, Julie K Woodward, Esq.,Party Name Peter M Allard
Se
ee
03/31/2022 Notice of Appearance and Objection
Applies To: Allard, Jennifer L. (Objector); Woodward, Esq., Jutie K (Attorney) on behaff of Allard, Jennifer
L. (Objector) oe
03/31/2022 Affidavit Of Objection 28
Applies To: Woodward, Esq., Julie K (Attorney) on behalf of Allard, Jennifer L. (Objector) image
03/31/2022 Notice of Appearance and Objection 29
Applies To: Allard, Peter M (Objector)
Applies To: Allard, Peter M (Objector); Woodward, Esq., Julie K (Attorney) on bahalf of Allard, Peter M
(Objector)
03/31/2022 Affidavit Of Objection 30
Applies To: Woodward, Esq., Julie K (Attorney) on behalf of Allard, Peter M (Objector) Image
hitpsvAvww.masscourts.org/eservices/searchrasults.page?x=UEvIM|Tv30Q5aQ|sGcVnPH83nk
IbSHIISmipY TobW"F8o5"NiKHnR2MyFoAuCnXOy-Y.... 5/0
1/10/24, 3:05 PM. Case Details - Massachusetts Trial Court N3
Docket Docket Text image
Bata Ref Avail.
Nbr.
04/01/2022 Appearance and Objection
04/01/2022 Affidavit 23
Se
04/01/2022 Affidavit 24
Surviving Spouse, Children, Heirs at Law 31 Se
04/15/2022
04/22/2022 Notice of appearance of Jennifer L. Allard 26
04/22/2022 Motion 32
Se
Se
05/12/2022 John Allard's opposition to Brian Allard’s Motion for Appointment of Special Personal Representative 33
05/12/2022 John Allard’s Motion For Appointment of Special Personal Representative
05/12/2022 ‘Temporary Bond With Corporate Sureties Filed
Se
05/18/2022 Motion To Strike 36
Se
08/18/2022 Affidavit Of Counsel
Applies To: Kohls, Esq., Sara J (Attomey) on behalf of Allard, Brian D. (Objector)
37
oS
Image
05/18/2022 Motion For Short Order of Notice 38
Image
05/18/2022 Event Resulted: Ex Parte Hearing (Emergency) scheduled on:
05/18/2022 03:30 PM
Has been: Administrative Judicial
Hon. Susan Sard Tierney, Presiding
05/19/2022 Motion For Short Order of Notice ALLOWED on 05/18/2022 File Reference # 38 39
05/20/2022 Opposition
Se
05/25/2022 Opposition 4
Se
(riage
05/26/2022 Event Resulted: Review Hearing scheduled on:
08/18/2022 09:30 Al
Has been: Video Conference - Judgment/Decree/Order Issued
Hon. Susan Sard Tierney, Presiding ne
05/26/2022 Event Resulted: Motion scheduled on:
05/26/2022 08:30 AM
Has been: Video Conferance - Judgment/Decree/Order Issued
Hon. Susan Sard Tierney, Presiding
Appeared:
Petitioner Brian Allard
Christopher R Miner, Esq., Private Counsel
Objector John Allar
Timothy F Robertson, Esq., Private Counsel
Objector
Sara J Kohls, Esq., Private Counsel
Objector
Julie K Woodward, Esq.,
Interested Person
Anthony W Bowers, Esq., Private Counsel
06/08/2022 Motion For Appointment DENIED on 05/26/2022 File Reference # 32 42
Se
06/08/2022 Motion For Appointment of Special Personal Representative ALLOWED on 05/26/2022 File Reference # 43
Gout ‘Will Appoint, Image
06/08/2022 Temporary Bond Without Sureties Filed
06/13/2022 Letters Issued. 45 one
Letters of Authority for Special Pers. Rep.
Sent On: 06/13/2022 09:44:1
httpsv/www. masscourts.org/eservices/searchresults.page?x=uEvIMjT v30Q5aQjsGcVnPH83nKibSHIISmipY TobW*F8o5*NiKHnR2MyFoAuCnXxOy-Y... 10
141024, 3:05 PM Case Detalls - Massachusetts Trial Court N3
Docket Docket Text File Image
Date Avail,
Nbr.
08/13/2022 Order Appointing Special Personal Representative 6/9/22 46
Judge: Tiemey, Hon. Susan Sard Image
06/13/2022 Temporary Bond Approved of Special Representative dated 06/09/2022, by Lisa MacKenzie, Esq. a7
Judge: Tierney, Hon. Susan Sard
06/14/2022 Motion 48
06/14/2022 Motion
06/22/2022 Motion To Withdraw ALLOWED on 06/16/2022 File Reference # 48
Applies To: Allard, Peter M (Objector)
o
image
06/22/2022 Motion To Withdraw ALLOWED on 06/16/2022 File Reference # 49 51
07/05/2022 Notice of Claim
oS
07/07/2022 Appearance by Attorney, Charles Mark Sabatt, Esq.,Party Name Rebecca Rosenthal
Se
Se
08/03/2022 Motion To Continue/Reschedule
08/03/2022 Motion For Short Order of Notice 55
oe Image
08/03/2022 Event Resulted: Ex Parte Hearing (Emergency) scheduled on:
08/03/2022 03:00
Has been: Administrative Judicial
Hon. Susan Sard Tierney, Presiding
ane
08/05/2022 Motion To Continue/Reschedule Review Hearing ALLOWED on 08/03/2022 File Reference # 54 56
a
57
eS
09/26/2022 Mation To Extend
09/02/2022 Inventory Filed 58 Se
09/06/2022 Motion For orders
Se
Tags
09/06/2022 Event Resulted: Motion scheduled on:
09/06/2022 02:t
Has been: Order Issued
Hon, Susan Sard Tierney, Presiding
09/19/2022 Motion To Extend ALLOWED on 09/06/2022 File Reference # 57 60
09/19/2022 Motion For Orders ALLOWED on 09/06/2022 File Reference #59 61
So
12/09/2022 Motion For Short Order of Notice
Motion To Extend Appointment of Special Personal Representative 63
oe
12/09/2022
Image
12/12/2022 Case Management Conference Notice and Order sent
Judge: Pouliot, Esq., Ashton
Event: Case Management Conference - Probate Guardianship
Date: 03/09/2023 Time: 10:30 AM
Result: Pathways - Pretrial Conference
1212/2022 Pre-Trial Notice and Order Sent 65
Judge: Tierney, Hon. Susan Sard
Event: Pretrial Conference - Probate and Guardianship
Date: 03/22/2023 Time: 10:30 AM
Result: Order Issued
12/12/2022 Event Resulted: Review Hearing scheduled on:
12/12/2022 08:30 AM
Has been: Order Issued
Hon. Susan Sard Tierney, Presiding
01/09/2023 Motion To Extend appointment of SPR ALLOWED on 12/12/2022 File Reference # 63 66
01/09/2023 Order Appointing Special Personal Representative extended to 3/22/2023
Preview
COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss PROBATE AND FAMILY COURT DEPT. DOCKET NO. BA22P0280EA In re, ESTATE OF ROBERT WILLIAM ALLARD WILL PROPONENTS’ MOTION TO DISMISS JOHN ALLARD’S DEFECTIVE NOTICE OF APPEAL NOW COME, the Will Proponents, Petitioner Brian Allard, Will Beneficiary Nathan Allard, Will Beneficiary Rebecca Rosenthal, (“hereinafter “Proponents”) pursuant to Mass. R.A. P. 3 & 4, and respectfully requests this Honorable Court dismiss the Notice of Appeal filed by John Allard (hereinafter “John”) on October 12, 2023. AS GROUNDS THEREFORE, the Will Proponents state: On July 10-11, 2023, a two-day trial was held on John Allard’s (“John”) Petition for Intestacy and John’s objection to Brian Allard’s (“Brian”) Petition to Probate Robert Allard’s will. See Exhibit A, a copy of the MassCourts docket. On September 13, 2023, this Honorable Court Issued Findings of Fact and Rulings of Law. The Court found Robert Allard’s will to be valid. See Docket Paper No. 98. (14 On September 14, 2023, this Honorable Court issued a Dismissal of John’s Petition for Intestacy and a Judgement Allowing Brian’s Petition for Formal Probate of a Will. See Docket Papers No. 99-100. On September 25, 2023, the Will Proponents filed a timely Motion to Amend pursuant to Mass. R. Civ. P. 59(e) and 52(b). See Docket Paper No. 104. On September 27, 2023, John’s trial counsel, Attorney Robertson, opposed the Will Proponents Motion to Amend. See Docket Paper No. 105. On October 102, 2023, Attorney Andrea Kramer appeared on behalf of John Allard and filed a Notice of Appeal. See Docket Papers No. 106-107. On October 25, 2023, John’s appellate Counsel, Attorney Kramer ordered the trial transcripts trial audio. See Docket Papers No. 110-112. On October 26, 2023, this Honorable Court denied the Will Proponent’s Motion to Amend. See Docket Paper No. 113. On November 7, 2023, the order denying the Will Proponent’s Motion to Amend was entered into the docket. Id. 10. On January 9, 2024, the Court issued Notice of Receipt of Transcripts. See Docket Paper No. 114. ll To date, John has not made any subsequent filings since the Court ruled on the Will Proponents’ Motion to Amend. 12. The Proponents’ respectfully request the Court dismiss John’s October 12, 2023 Notice of Appeal, as it is no longer effective. 13. The Will Proponent’s Motion to Amend Tolled and Reset the Time to File a Notice of Appeal. Certain Post Trial motions by Rule toll the timeliness of a Notice of Appeal pursuant to Mass. R.A.P. 4, as appearing in 481 Mass. 1606 (2019): “If a motion is made or served in a timely manner under the Massachusetts Rules of Civil Procedure and filed with the lower court by any party, the time to file an appeal runs for all parties from the entry of the order disposing of the last remaining motion: (A) for judgment under Rule 50(b); (B) under Rule 52(b) to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (C) to alter or amend a judgment under Rule 59 or for relief from judgment under Rule 60(b), however titled, but only if either motion is served within 10 days after entry of judgment; or (D) under Rule 59 for a new trial.” Mass. R.A.P. 4(a)(2)(A-D). The Will Proponents served and filed their Motion to Amend, which was pursuant to both Rules 52(b) and 59(e). Both types of motions are noted in Mass. R.A.P. 4(a)(2)(B) &(C), as motions that would toll and reset the time to file a notice of appeal. The motion was served on September 24, 2023. This service was timely as it was within the ten-day deadline for the service of such a Post-Trial motions. See Mass. R. Civ. P. 59(b) & 52(e). On September 25, 2023, the Will Proponents then filed their Motion with the Court. Therefore, the time to file a notice of appeal would have run from the order disposing of the Will Proponents’ Motion to Amend, either October 26, 2023 (the date of the ruling) or November 7, 2023 (the date the order was entered on the docket). 14. John’s October 12, 2023 Notice of Appeal has No Effect. Notices of Appeal filed prior to an order disposing of a Post Trial motion listed in Mass. R.A.P. 4(a)(2)(A-D) have no effect. “A notice of appeal filed before the disposition of any timely motion listed in Rule 4(a)(2) shall have no effect. A new notice of appeal must be filed within the prescribed time measured from the entry of the order disposing of the last such remaining motion.” Mass. R.A.P. 4(c). Here, the Proponents served and filed a timely Motion to Amend which is included under Mass R.A.P. 4(a)(2). The Court ruled on that motion on October 26, 2023 and entered the order on the docket on November 7, 2023. The most generous reading of the Appellate rules and counting from November 7, 2023, it has now been 63 days since the Court’s entry of the order disposing of the last Post Trial motion included in Mass. R.A.P. 4(a)(2). 15, Lack of a Timely Notice of Appeal is Fatal to John’s Appeal. It is important to note, Mass. R.A.P. 3, as appearing in 481 Mass. 1603 (2019), stresses the consequences of an untimely notice. The rule suggests other procedural defects may be overlooked, except for the timely filing of the Notice. “Failure of an appellant to take any step other than the timely filing of a notice of appeal shall not affect the validity of the appeal.” Mass. R.A.P. 3(a)(1)(emphasis added). Based on the foregoing, John Allard’s October 12, 2023 Notice of Appeal should be given no effect and dismissed by the Court. 16. The Trial Court is Now Without Authority to Accept a Late Notice of Appeal from John. The Court is only authorized to extend the time for filing a notice of appeal for thirty days from the deadline prescribed by the rules. “Upon a showing of excusable neglect, the lower court may extend the time for filing the notice of appeal or notice of cross appeal by any party for a period not to exceed 30 days from the expiration of the time otherwise proscribed by this rule.” Mass. R. A. P. 4(c)(emphasis added). “{] our courts have ruled in numerous contexts that, where an appeal period is set by statute, a court lacks the authority to enlarge it,” whether under Rule 4(c) or other rules. See Wells Fargo Bank, Nat'l Ass'n y. Mondi, 98 Mass. App. Ct. 280, 283 (2020). See also, Correira y. . David, 5 Mass.App.Ct. 772 (1977)( Appeal filed 78 days after entry of order of probate court was untimely and was beyond time in which trial court had authority to allow late filing of appeal on showing of excusable neglect). Here, John would have had to file his new notice of appeal on or before December 8, 2023. He failed to do so. Alternatively, John would have had to file a motion to allow late notice of appeal, send notice to the other Parties and place on the record a showing of excusable neglect, for the Court to allow for an additional thirty days. Hypothetically, this extension could have allowed his new notice of appeal until January 8, 2023. Again, he has failed to seek such an extension. More than 60 days have elapsed since the order disposing of the Will Proponents’ Motion to Amend. The court is without authority to allow any further Notices of Appeal. Per the appellate rules, John’s notice of appeal has no effect. Therefore, John’s appellate right to file a new notice of appeal has been extinguished. WHEREFORE, the Will Proponents respectfully request this Honorable Court dismiss the Notice of Appeal filed by John Allard (hereinafter “John”) on October 12, 2023 due to the Court’s subsequent ruling on a Mass. R.AP. 4(a)(2) Motion to Amend on October 26, 2023 and entry of that order on November 7, 2023, TIVE Tey 9 AYISID= O a AINAED 21:0) uy IT Mur agg 2 co? ATO sp Notice of Hearing Please note, this motion has been marked for in person hearing on January 25, 2024, at 9:30am, at the Barnstable County Family and Probate Court, 3195 Main Street, Barnstable, MA 02630. Dated: January 10, 2023 Respectfully submitted, on behalf of Will Beneficiary Nathan Allard, by counsel, /s/ Anthony Bowers Anthony W. Bowers, Esq. PO Box #789 Chatham, MA 02633 508-274-4136 Office 774-487-0205 Mobile BBO#681002 Attorneybowers@gmail.com Brian Allard, Petitioner/Objector, By his attorney: /s/ Sara J. Kohls Sara J. Kohls, Esq. (687930) Law Offices of Sara J. Kohls 411 Main Street Yarmouth Port, MA 02675 (508) 470-8050 (508) 470-8056 ara@sikohlslaw.com Will Beneficiary Rebecca Rosenthal, by her attorney: : ‘sf Charles Sabatt Charles M. Sabatt; Esq. " alt 2024 Jay ! Ait (9. 13 COUNT aor OF 2G STR r F PRG, BBO #436740 540 Main Street - Suite 8 Hyannis, MA 02601 508-775-5050 CMS@SabattLaw.com CERTIFICATE OF SERVICE January 11, 2023 I, Anthony Bowers, Esq., do hereby certify that I did this day serve a copy of the foregoing in the above referenced matter upon all attorneys and parties of record, by: By mail: Attorney Andrea Kramer, Counsel for John Allard, One Gateway Center, 300 Washington St., Suite 308, Newton, MA 02458 Email: Attorney Timothy Robertson, Counsel for John Allard, tim@tranklaw.com Attorney Andrea Kramer, Counsel! for John Allard, andrea@kramerlawllc.com Attorney John S. Booth, Special Personal Representative, Estate of Robert Allard, john@boothlawpe.com Julie K. Woodward, Esq., Counsel for Peter Allard and Jenn Allard, jwoodward@latanzi.com /s/ Anthony W. Bowers Anthony W. Bowers, Esq. in ul 2024 JAN LAK IO: 13 COUNTY BA3, RIGISTR PLE ATE EXHIBIT A 1/10/24, 3:05 PM Case Details ~ Massachusetts Trial Court N3 BA22P0280EA In the matter of: Allard, Robert William Case Type: Estates and Administration Case Status: Closed File Date 02/28/2022 DCM Track: Initiating Action: Format Adjudication of intestacy and Appointment of Personal Representative ‘Status Date: 09/14/2023 Case Judge: Tierney, Hon. Susan Sard Next Event: [Preps information Allinformation | Party | Subsequent Action/Subject | Event | Docket | Disposition } - Party Information a Allard, Robert William ~ Decedent DOD Alias 01/8/2022 AKA Allard, Robert W (Party Attorney More Party Information Allard, Brian - Petitioner DOD (Alias - — Fay ‘Attorney ikonis, 250,, Sara J Bar Code 687930 Address Law Offices of Sara J Kohls 411 Main St Bldg 1 Unita Yarmouth Port, MA 02675 . Phone Number . (608)470-8050 More Party Information Allard, Brian - Proposed Fiduciary DOD {Alias (Party Attorney ) More Party Information Allard, John = Objector BOD {alias Party Attorney Attorne| Kramer, Esq., Andrea Charna « |Bar Code + (63; + [Address hitps:fAvww.masscourts.org/eservices/searchresulls.page?x=UEvIMjTv30Q5aQjsGcVnPH83nKIbSHIISmfpY TobW*F 805" NIKHnR2MyFoAUCnXOy-Y, a 1/10 1110/24, 3:05 PM Case Details - Massachusetts Trial Court N3- . Kramer Law LLC One Gateway Center 300 Washington Street Suite 308. Newton, MA 02458 Phone Number (617)780-1685 Atom Robertson, Esq., Timothy F Bar Code 667267 ‘Addre: IT FRANK LAW, PLLC 440 Main St Brewster, MA 02631 Phone Number (617)702-2449 More Information Party Allard, Brian D. - Objector DOD {alias Party Attorney Attar Kohls, Esq., Sara J Bar Code 687930 Address Law Offices of Sara J Kohis 411 Main St Bldg 1 Unit A Yarmouth Port, MA 02675 Phone Number (808}470-8050 More Party Information Allard, Nathan F. » Objector «|DOD (Alias ° Party Attorney |Attomey Bowers, Esq., Anthony W Bar Code 681002 Address The Law Office of Anthony W. Bowers 802 Main St PO Box 789 Chatham, MA 02633 Phone Number (608)274-4136 More Party Information | Allard, Peter M = Objet DOD (alias (Party Attorney J More Party Information Allard, Peter M - Objector BOD (alias (Party Attorney ) More Party Information Allard, Jennifer L. = Objector DOD {alias Party Attorney /Attorne: Sofio, Esq., Jessica R Bar Code 707745 https/Aww.masscourts. org/eservices/searchresults.paga?x=uEvIMjTvaoQ5aQjsGcVnPH83nKloSHIISmipY TobW" F805 *NiKHnR2MyFoAuCnxOy-Y... 20 1110/24, 3:05 PM Case Details - Massachusetts Tria) Court N3 Address ‘Sofio Law LLC 132 Leland Rd Brewster, MA 02631 Phone Number (978)501-2618 Attomey Woodward, Esq., Julie K Bar Code 709968 Address La Tanzi, Spautding and Landreth 8 Cardinal Lane ‘Orleans, MA 02653 Phone Number (808)255-2133 More Party tnformation | Rosenthal, Rebecca ~ Obje DOD {AtiasS_ cen — 3 Party Attorney Atoms Sabatt, Esq., Charles Mark Bar Code 436740 Address: Attomey At Law 540 Main St Suite & Hyannis, MA 02601 Phone Number (608)775-5050 More Party Information a Allard, Nathan F. + Interested Person «|DOD {alias . Party Attorney Attorney Bowers, Esq., Anthony W Bar Code 681002 Address The Law Office of Anthony W. Bowers: 802 Main St PO Box 789 Chatham, MA 02633 Phone Number (508)274-4136 More Party Information seo Booth, John S. - Personal Representative « DOD (Alias ° Party Attorney |Attormey Pro Se Bar Code PROPER Address Phone Number More Information Party Booth, Esq., John 8. - Special Personal Representative oe « {DOD (atias ° Party Attorney Attomey Pro Se Bar Code PROPER hitps:/Awww.masscourts.org/eservices/searchresults.page?x=uEVvIM] | v30Q5aQjsGcVnPH83nKIbSHIISmipY TobW*F8o5*NfKHnR2MyFoAuCnXOy-Y... 30 1110/24, 3:05 PM Case Details - Massachusetts Trial Court N3 Address +||Phone Number More Party Information | Subsequent Action/Subject Status Description galsubloct Pleading, Responding Party, Status, Party Date Closed S/A- Formal Probate of Will with Appointment of Personal 4 Allard, Brian Allard, Robert 09/14/2023 Representative William ve = 25 TNT one Events Date Session Location Type Event Judge Result 05/18/2022 Administrative Ex Parte Hearing Tierney, Hon. ‘Administrative Judicial 03:30 PM Session (Emergency) Susan Sard 05/26/2022 Judge Tiemey Go to zoom.com or call 646- Motion Tierney, Hon. Video Conference - 08:30 AM jassion 628-7666 ,ID# 1607566444 Susan Sard JudgmentDecree/Order Issued 06/15/2022 Administrative Administrative Review 11:00 AM Session _— 08/03/2022 Judge Tierney Courtroom 1 Ex Parte Hearing Tierney, Hon. Administrative Judicial 03:00 PM Session (Emergency) Susan Sard oBit 8/2022 Judge Tierney Courtroom 1 Review Hearing Tisrney, Kon, Case Not Heard and ssion Susan Sard Rescheduled 08/18/2022 Judge Tierney Courtroom 1 Review Hearing Tierney, Hon. Video Conference - 09:30 AM Session Susan Sard Judgment/Decree/Order Issued 09/06/2022 Judge Tierney Courtroom 1 Motion Tierney, Hon. Order Issued E 02:00 PM Session Susan Sard 10/20/2022 Judge Tiemey Courtroom 1 Review Hearing Tierney, Hon. Case Not Heard and 09:30 AM Session Susan Sard Rescheduled ae 12/12/2022 Judge Tierney Courtroom 1 Review Hearing Tierney, Hon. Order Issued 08:30 AM Session Susan Sard 03/09/2023 Assistant Judicial AJCM AP PATHWAYS: Case Management Pouliot, Esq., Pathways - Scheduled to 10:30 AM Case Manager Conference - Probate Ashton Pathways Session Guardianship 03/13/2023 Administrative Motion Tierney, Hon. Administrative Judicial 02:00 PM Session Susan Sard 03/22/2023 Judge Tiemey Courtroom 1 Pretrial Conference - Tierney, Hon. Order Issued 10:30 AM Session Probate and ‘Susan Sard Guardianship 03/22/2023 Bamstable Session Motion Unassigned Order Issued 10:30 AM 07/10/2023 Judge Tierney Courtroom 1 Trial 4 Day Tierney, Hon. Multi-Day Event 10:30 AM Session Susan Sard 07/11/2023 Judge Tiemey Courtroam 4 Trial 1 Day Tierney, Hon, Under Advisement 10:30 AM Session Susan Sard 07/14/2023 Judge Tierney ~ Courtroom 1 Trial 1 Day Tierney, Hon. Taken Off List 10:30 AM Session Susan Sard - ” te Docket Information Docket Docket Text File Image Date Ref Avail. Nbr. 02/28/2022 Petition for Formal Probate Imag httpsuAwww.masscourts.org/eservices/searchresults, page ?x=uEviM]Tv30Q5aQjsGcVnPH83nkIbSHIISmfpY TobW*F805" NIKHNR2MyFoAUCnXOy-Y... 4/10 110/24, 3:05 PM Case Details - Massachusetts Trial Court N3 Docket Docket Docket Text image Date Ref Avail. Nbr. 02/28/2022 Certificate of Death @image | 02/28/2022 Surviving Spouse, Children, Heirs at Law 02/28/2022 Bond with Corporate Sureties Se oF 02/28/2022 Interested Person(s) , Filed Form MPC 455 fo, , 02/28/2022 Affidavit as to Military Service wen Se 02/28/2022 Suspicious Death Affidavit Sg 03/01/2022 Petition for Formal Probate 10 Se Image 03/01/2022 NOTICE: Citation on Petition for Formal Adjudication issued for unsupervised administration to be published in Cape Cod Times. 93/01/2022 Certificate of Death 1 @ Image 03/01/2022 will 12 Se 03/01/2022 Devisees 13 03/01/2022 Surviving Spouse, Children, Heirs at Law 14 03/01/2022 Bond Filed 15 03/01/2022 Interested Person(s) , Filed Form MPC 455 to, , 16 03/01/2022 Aifidavit as to Military Service 7 ee 03/01/2022 Uniform Counsel Certification Form Filed by 18 cnn Se 03/01/2022 Appearance by Attorney, ,Party Name 19 03/10/2022 Affidavit Of Objection Applies To: Allard, Brian D. (Objector) Image 03/15/2022 Appearance by Attorney, Sara J Kohis, Esq.,Party Name Brian D. Allard 03/15/2022 NOTICE: Citation on Petition for Formal Adjudication issued for unsupervised administration to be published in The Cape Cod Times, ~~ eS 03/15/2022 Objection ao en 03/29/2022 Citation Filed; Served as ¢Ordered 21 oS 03/31/2022 Appearance by Atlorney, Julie K Woodward, Esq.,Party Name Peter M Allard Se ee 03/31/2022 Notice of Appearance and Objection Applies To: Allard, Jennifer L. (Objector); Woodward, Esq., Jutie K (Attorney) on behaff of Allard, Jennifer L. (Objector) oe 03/31/2022 Affidavit Of Objection 28 Applies To: Woodward, Esq., Julie K (Attorney) on behalf of Allard, Jennifer L. (Objector) image 03/31/2022 Notice of Appearance and Objection 29 Applies To: Allard, Peter M (Objector) Applies To: Allard, Peter M (Objector); Woodward, Esq., Julie K (Attorney) on bahalf of Allard, Peter M (Objector) 03/31/2022 Affidavit Of Objection 30 Applies To: Woodward, Esq., Julie K (Attorney) on behalf of Allard, Peter M (Objector) Image hitpsvAvww.masscourts.org/eservices/searchrasults.page?x=UEvIM|Tv30Q5aQ|sGcVnPH83nk IbSHIISmipY TobW"F8o5"NiKHnR2MyFoAuCnXOy-Y.... 5/0 1/10/24, 3:05 PM. Case Details - Massachusetts Trial Court N3 Docket Docket Text image Bata Ref Avail. Nbr. 04/01/2022 Appearance and Objection 04/01/2022 Affidavit 23 Se 04/01/2022 Affidavit 24 Surviving Spouse, Children, Heirs at Law 31 Se 04/15/2022 04/22/2022 Notice of appearance of Jennifer L. Allard 26 04/22/2022 Motion 32 Se Se 05/12/2022 John Allard's opposition to Brian Allard’s Motion for Appointment of Special Personal Representative 33 05/12/2022 John Allard’s Motion For Appointment of Special Personal Representative 05/12/2022 ‘Temporary Bond With Corporate Sureties Filed Se 05/18/2022 Motion To Strike 36 Se 08/18/2022 Affidavit Of Counsel Applies To: Kohls, Esq., Sara J (Attomey) on behalf of Allard, Brian D. (Objector) 37 oS Image 05/18/2022 Motion For Short Order of Notice 38 Image 05/18/2022 Event Resulted: Ex Parte Hearing (Emergency) scheduled on: 05/18/2022 03:30 PM Has been: Administrative Judicial Hon. Susan Sard Tierney, Presiding 05/19/2022 Motion For Short Order of Notice ALLOWED on 05/18/2022 File Reference # 38 39 05/20/2022 Opposition Se 05/25/2022 Opposition 4 Se (riage 05/26/2022 Event Resulted: Review Hearing scheduled on: 08/18/2022 09:30 Al Has been: Video Conference - Judgment/Decree/Order Issued Hon. Susan Sard Tierney, Presiding ne 05/26/2022 Event Resulted: Motion scheduled on: 05/26/2022 08:30 AM Has been: Video Conferance - Judgment/Decree/Order Issued Hon. Susan Sard Tierney, Presiding Appeared: Petitioner Brian Allard Christopher R Miner, Esq., Private Counsel Objector John Allar Timothy F Robertson, Esq., Private Counsel Objector Sara J Kohls, Esq., Private Counsel Objector Julie K Woodward, Esq., Interested Person Anthony W Bowers, Esq., Private Counsel 06/08/2022 Motion For Appointment DENIED on 05/26/2022 File Reference # 32 42 Se 06/08/2022 Motion For Appointment of Special Personal Representative ALLOWED on 05/26/2022 File Reference # 43 Gout ‘Will Appoint, Image 06/08/2022 Temporary Bond Without Sureties Filed 06/13/2022 Letters Issued. 45 one Letters of Authority for Special Pers. Rep. Sent On: 06/13/2022 09:44:1 httpsv/www. masscourts.org/eservices/searchresults.page?x=uEvIMjT v30Q5aQjsGcVnPH83nKibSHIISmipY TobW*F8o5*NiKHnR2MyFoAuCnXxOy-Y... 10 141024, 3:05 PM Case Detalls - Massachusetts Trial Court N3 Docket Docket Text File Image Date Avail, Nbr. 08/13/2022 Order Appointing Special Personal Representative 6/9/22 46 Judge: Tiemey, Hon. Susan Sard Image 06/13/2022 Temporary Bond Approved of Special Representative dated 06/09/2022, by Lisa MacKenzie, Esq. a7 Judge: Tierney, Hon. Susan Sard 06/14/2022 Motion 48 06/14/2022 Motion 06/22/2022 Motion To Withdraw ALLOWED on 06/16/2022 File Reference # 48 Applies To: Allard, Peter M (Objector) o image 06/22/2022 Motion To Withdraw ALLOWED on 06/16/2022 File Reference # 49 51 07/05/2022 Notice of Claim oS 07/07/2022 Appearance by Attorney, Charles Mark Sabatt, Esq.,Party Name Rebecca Rosenthal Se Se 08/03/2022 Motion To Continue/Reschedule 08/03/2022 Motion For Short Order of Notice 55 oe Image 08/03/2022 Event Resulted: Ex Parte Hearing (Emergency) scheduled on: 08/03/2022 03:00 Has been: Administrative Judicial Hon. Susan Sard Tierney, Presiding ane 08/05/2022 Motion To Continue/Reschedule Review Hearing ALLOWED on 08/03/2022 File Reference # 54 56 a 57 eS 09/26/2022 Mation To Extend 09/02/2022 Inventory Filed 58 Se 09/06/2022 Motion For orders Se Tags 09/06/2022 Event Resulted: Motion scheduled on: 09/06/2022 02:t Has been: Order Issued Hon, Susan Sard Tierney, Presiding 09/19/2022 Motion To Extend ALLOWED on 09/06/2022 File Reference # 57 60 09/19/2022 Motion For Orders ALLOWED on 09/06/2022 File Reference #59 61 So 12/09/2022 Motion For Short Order of Notice Motion To Extend Appointment of Special Personal Representative 63 oe 12/09/2022 Image 12/12/2022 Case Management Conference Notice and Order sent Judge: Pouliot, Esq., Ashton Event: Case Management Conference - Probate Guardianship Date: 03/09/2023 Time: 10:30 AM Result: Pathways - Pretrial Conference 1212/2022 Pre-Trial Notice and Order Sent 65 Judge: Tierney, Hon. Susan Sard Event: Pretrial Conference - Probate and Guardianship Date: 03/22/2023 Time: 10:30 AM Result: Order Issued 12/12/2022 Event Resulted: Review Hearing scheduled on: 12/12/2022 08:30 AM Has been: Order Issued Hon. Susan Sard Tierney, Presiding 01/09/2023 Motion To Extend appointment of SPR ALLOWED on 12/12/2022 File Reference # 63 66 01/09/2023 Order Appointing Special Personal Representative extended to 3/22/2023