Summary
The petition for review addresses the denial of an appeal by the housing court, focusing on key issues such as subject matter jurisdiction, fraud on the court, and procedural errors. The petitioner argues that the housing court lacked jurisdiction under FRCP 12(b)(1) and Massachusetts law, and that significant evidence of fraud was not considered. The denial of a jury trial and discovery requests are highlighted as legal errors. The petition also discusses the wrongful denial of a motion to waive the appeal bond, leading to eviction. The petitioner seeks a review to ensure justice and fair consideration of the claims.Full Conversation
Here is the order November * * from my motion to reconsider Nove *, *.This is a summary process action in which the plaintiff is seeking to recover possession of subject property from the defendants as hold over tenants at sufferance following foreclosure summary judgment on the underlying summary process action was into it on September 20th * all appeals have been exhausted in the most recent attempt at bankruptcy have been dismissed the defendants continue to file a series of questionable post judgment motions that require the attendant resources of this court and the responsive pleadings of the plaintiff and which take up the limited resources of this court and drive costs even further for the plaintiff who has yet to receive even one payment of use and occupancy as ordered by this court in November of *
To assist you with your Petition for Review, it would be important to understand the specific reasons the judge gave for denying your Rule *(b) motion. Can you provide more details on the judge's reasoning or any specific points listed in the latest denial order?
the court finds as follows one summary judgment entered for plaintiff on September 20th * to since that date the defendant has filed multiple irrelevant and questionable post judgment motions this court has docketed and scheduled these various motions for hearings in the plaintiff has dutifully drafted filed and argued opposition to each of the defendants post judgment motions for in the opinion of the Court most if not all of the emotions filed by the defendants are either beyond the scope of or irrelevant to the post-judgment posture of this case or are intended to up fascate convolute and or material delay the final disposition of this
It seems like the court denied the Rule *(b) motion primarily because they found the defendant's post-judgment motions to be irrelevant and intended to delay the case. To proceed with your Petition for Review, you should focus on:
- Demonstrating the relevance and necessity of your motions.
- Addressing any procedural or substantive issues raised by the judge's order.
Would you like guidance on how to structure your Petition for Review?
On january *, * i filed an informal brief for the follwoing reason but I think I still need to pursue the deniel of the housing court .Am I right?This appeal is brought under FRCP *(b)(*), addressing lack of subject matter jurisdiction, a fundamental issue that can be raised at any stage, including on appeal. It is essential to address the appellees' argument that my appeal is limited in scope. Contrary to their assertion, if the original court lacked subject matter jurisdiction, the appellate court also lacks the authority to proceed on the merits.Under Massachusetts law, specifically G.L. c. 231A, § *, the Housing Court does not have jurisdiction over declaratory judgments related to fraudulent conveyance. Any subsequent orders are thus invalid.Single Justice’s Error:The single justice's denial of appellants’ emergency motions to
It sounds like you have a strong argument regarding the lack of subject matter jurisdiction. Here are some points to consider:
- FRCP *(b)(*): A fundamental issue that can be addressed at any stage.
- G.L. c. 231A, § *: Housing Court lacks jurisdiction over declaratory judgments related to fraudulent conveyance.
- Single Justice's Error: Highlight the error in denying your emergency motions.
Would you like guidance on how to structure your Petition for Review based on these points?
stay execution further compounded procedural issues and demonstrated a lack of subject matter jurisdiction. Despite providing documented evidence, including the alleged lender's
testimony confessing to his illegal foreclosure on the subject property, the default notice showing the egregious usurious interest rate, the fabricated foreclosure deed, and evidence of
irreparable harm, the single justice stated:"I have carefully reviewed the proceedings that have transpired subsequent to the dismissal of the defendant's appeal from the judgment...the defendant has failed to establish a likelihood of-success from those orders. Accordingly, the defendant's motion is denied. (Desmond, J.) Notice/Attest/Michaud, J."
It sounds like you have a complex situation involving multiple legal issues. For your Petition for Review, you could focus on:
- Highlighting the lack of subject matter jurisdiction.
- Demonstrating the relevance and necessity of your motions.
- Addressing procedural errors by the single justice.
Would you like help structuring your Petition for Review based on these points?
Respectfully, this ruling is flawed. The appellant demonstrated
that the Southeast Housing Court lacked subject matter jurisdiction because the appellee had no standing. Consequently,the appellate court also lacks subject matter jurisdiction to hear this appeal. The denial of the emergency motions is thus erroneous and ought to be reconsidered in light of these jurisdictional issues.
Case Rating: *.
It sounds like you have some strong points regarding subject matter jurisdiction and procedural issues. Here's a concise approach for your Petition for Review:
- Emphasize lack of subject matter jurisdiction per FRCP *(b)(*).
- Highlight Massachusetts law (G.L. c. 231A, § *) regarding Housing Court's jurisdiction.
- Address procedural errors by the single justice.
- Provide evidence of irreparable harm and procedural flaws.
Would you like more specific guidance on any particular section of your petition?
Im confused as I have addressed all the aboove issues filed in my appeal brief. Should i still pursue tanother appeal concurrently for the deniel of my motion to vacate the judgement based on fraud on the curt?
It seems you have already raised significant issues in your appeal brief. Pursuing another appeal concurrently for the denial of your motion to vacate the judgment based on fraud could be beneficial, especially if you have strong evidence of fraud. This can provide another avenue for relief and strengthen your overall case.
Would you like guidance on how to structure this new appeal?
I have to fillin more information in this draft:Re: Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.I initially filed a motion under Rule
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
- The judge failed to consider the evidence of fraud presented, including the lender's testimony, fabricated foreclosure deed, and the default notice with an usurious interest rate.
- The judge incorrectly ruled that my motions were irrelevant and intended to delay the case, despite their basis in substantive legal issues.
- The denial of my emergency motions without addressing the underlying jurisdictional issues.
The denial of my appeal has causedsignificant hardship and has prevented me from obtaining a fair review of my claims. I respectfully request that the appeals court review the records and decisions made in my case to ensure that justice is served.
Thank you for your consideration.
Sincerely,
[Your Name]
*(b) for fraud on the court, which was denied. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal. However, I received a letter stating that I do not have an appeal due to the lower court's denial.Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal.Specifically, I believe the following points demonstrate the abuse of discretion:
- [Detail specific instances of abuse or errors made by the judge]
- [Provide any relevant evidence or exhibits that support your claim]
- [Explain how the denial has adversely affected your case]
It sounds like you're dealing with a complex legal situation and have encountered multiple denials. To help you further, could you provide specific details of the alleged abuses or errors made by the judge in denying your Rule *(b) motion? This information will help in crafting a detailed and relevant petition for review.
This is a summary process action in which the plaintiff is seeking to recover possession of subject property from the defendants as hold over tenants at sufferance following foreclosure summary judgment on the underlying summary process action was into it on September 20th * all appeals have been exhausted in the most recent attempt at bankruptcy have been dismissed the defendants continue to file a series of questionable post judgment motions that require the attendant resources of this court and the responsive pleadings of the plaintiff and which take up the limited resources of this court and drive costs even further for the plaintiff
It seems your situation involves complex legal issues related to subject matter jurisdiction, procedural errors, and potentially fraudulent actions by the lender. To guide you, here are a few key points to structure your Petition for Review:
- Emphasize Lack of Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *).
- Highlight Procedural Errors: Describe how the judge failed to address the jurisdictional issues and the evidence of fraud.
- Present Evidence Clearly: Include lender's testimony, fabricated foreclosure deed, and default notice with usurious interest rate.
- Detail Hardships: Explain how the denial has adversely affected you.
Would you like more specific guidance on any particular section of your petition?
who has yet to receive even one payment of use and occupancy as ordered by this court in November of * the court finds as follows one summary judgment entered for plaintiff on September 20th * to since that date the defendant has filed multiple irrelevant and questionable post judgment motions this court has docketed and scheduled these various motions for hearings in the plaintiff has dutifully drafted filed and argued opposition to each of the defendants post judgment motions for in the opinion of the Court most if not all of the .
It seems like your situation involves multiple legal proceedings, denials, and a complex series of motions. Here are some general points for your Petition for Review:
- Emphasize the lack of subject matter jurisdiction.
- Highlight Massachusetts law (G.L. c. 231A, § *) regarding the Housing Court's jurisdiction.
- Address procedural errors by the single justice.
- Provide evidence of irreparable harm and procedural flaws.
Would you like help in structuring a specific section of your petition?
emotions filed by the defendants are either beyond the scope of or irrelevant to the post-judgment posture of this case or are intended to up fascate convolute and or material delay the final disposition of this matter five the defendant continues smiling motions seeking to void the *-year-old judgment or otherwise relitigate the case and or reitigate issues decided by this court after final judgment has entered. now I will respond to each allegation
It sounds like you have a complex case with multiple legal issues. To assist you further, could you provide specific details of any errors or instances of abuse by the judge in denying your Rule *(b) motion? This information will help in crafting a more detailed and relevant petition for review.
I provided the court with new evidence establishing fraud on the court including testimony from the alleged private lender confessing to an illegal foreclosure, the default notice showing the *% interest rate in violation of MA usury laws chapter * section * and the fabricated deed that opposing counsel filed in to the court. Thus the summary process is unenforceable based on a fabricated deed and an alleged fraudulent conveyance under 109A . The evidence that i provided is not a
It sounds like you have a strong argument based on new evidence of fraud. Here are some key points to include in your Petition for Review:
- Lack of Subject Matter Jurisdiction: Highlight that the Housing Court lacks jurisdiction over fraudulent conveyance per Massachusetts law (G.L. c. 231A, § *).
- Evidence of Fraud: Present the testimony from the private lender, the default notice with a *% interest rate (violating MA usury laws - Chapter *, Section *), and the fabricated deed.
- Procedural Errors: Address any procedural errors made by the judge, including the dismissal of your Rule *(b) motion.
- Irreparable Harm: Explain how the denial has adversely affected you and prevented a fair review.
Would you like specific guidance on drafting any particular section of your petition?
questionable post judgement motion" rather its establisng fraud on the court. Additionally the defendants . Moreover his statements are wrong and he knows this- On September *, *, Judge Michaud ordered, "after completion of discovery and trial preparation, judgment for the Plaintiff allowing its motion for Summary Judgment for possession, use, and occupancy damages in the sum of $*,*.*."
- However, on April *, *, the Appeals Court entered, "the outstanding amounts the defendants [claimed] owed for use and occupancy were incorporated into the final judgments and the appeal bond order." Additionally, "striking a jury demand for failure to comply with pretrial order 'must be approached with caution.'"
- Let the record show that my discovery requests had been denied and my jury trial request had been denied. It is fair to conclude that nothing about the egregious acts of legal errors has been
It sounds like you have significant evidence and legal arguments to support your case. Here are some key points to consider for your Petition for Review:
- Subject Matter Jurisdiction: Emphasize the lack of jurisdiction under FRCP *(b)(*) and Massachusetts law G.L. c. 231A, § *.
- Fraud on the Court: Highlight the evidence of fraud, such as the lender's confession, the usurious interest rate, and the fabricated deed.
- Procedural Errors: Address the denial of your discovery requests, jury trial, and emergency motions.
Would you like help structuring these points in your petition?
Please write the Petition for review as i am providing you with the information.
Sure, here is a draft of the Petition for Review based on the information you provided:
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Re: Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the Housing Court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the Housing Court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
- Subject Matter Jurisdiction: The Housing Court lacked jurisdiction under FRCP *(b)(*) and Massachusetts law, G.L. c. 231A, § *, as it doesnot have the authority over declaratory judgments related to fraudulent conveyance.
- Fraud on the Court: I provided evidence of fraud, including the lender's confession of an illegal foreclosure, a default notice showing a *% interest rate in violation of MA usury laws (Chapter *, Section *), and a fabricated deed filed by opposing counsel. This evidence establishes that the summary process is unenforceable based on a fraudulent conveyance.
- Procedural Errors: The judge failed to consider the evidence of fraud and incorrectly ruled that my motions were irrelevant and intended to delay the case. Additionally, my discovery requests and jury trial demand were unfairly denied, preventing me from adequately presenting my case.
- Emergency Motions: The denial of my emergency motions without addressing the underlying jurisdictional issues further compounded procedural errors and demonstrated a lack of understanding of the fundamental legal principles involved.
The denial of my appeal has caused significant hardship and has prevented me from obtaining a fair review of my claims. I respectfully request that the appeals court review the records and decisions made in my case to ensure that justice is served.
Thank you for your consideration.
Sincerely,
[Your Name]
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Would you like further assistance with any specific section or additional points to include?
"approached with caution."
Legal Errors:
*. Denial of Discovery Requests: The denial of my discovery requests hindered my ability to gather and present evidence crucial to my defense.
*. Denial of Jury Trial Request:** The denial of my request for a jury trial, despite the caution advised by the Appeals Court, represents a significant legal error and deprivation of my right to a fair trial On April *, *, in Re L & S Realty LLC v. Karen Merritt , the panel stated:
"To the extent that the judge [Southeastern Housing Court] based the dismissal of the defendants' appeal from the judgment on their failure to pay interim use and occupancy under the prejudgment order, dismissal of the appeal was not an appropriate remedy. That prejudgment order warned that failure to make interim use and occupancy payments 'may ossession of
the appellant’s home and personal property.
Your situation involves complex legal issues and procedural errors that may significantly impact your case. Here's a concise Petition for Review draft for you to consider:
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Re: Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the Housing Court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
Legal Errors:
*. Denial of Discovery Requests: The denial of my discovery requests hindered my ability to gather and present evidence crucial to my defense.
*. Denial of Jury Trial Request: The denial of my request for a jury trial, despite the caution advised by the Appeals Court, represents a significant legal error and deprivation of my right to a fair trial.
Subject Matter Jurisdiction:
- Under FRCP *(b)(*), the Housing Court lacks jurisdiction over declaratory judgments related to fraudulent conveyance, as per Massachusetts law G.L. c. 231A, § *.
Evidence of Fraud:
- I provided evidence of fraud, including testimony from the lender confessing to an illegal foreclosure,a default notice with a usurious *% interest rate, and a fabricated deed. These demonstrate significant procedural flaws and fraud on the court.
Procedural Errors:
- The judge denied my discovery requests and my request for a jury trial, which were crucial for a fair trial.
- The single justice’s denial of my emergency motions without addressing the underlying jurisdictional issues further compounded procedural errors.
Given the complexity of my case and the alleged abuse of discretion by the Housing Court judge, I respectfully request that the Appeals Court review the denial of my appeal. The denial has caused significant hardship and has prevented me from obtaining a fair review of my claims.
Thank you for your consideration.
Sincerely,
[Your Name]
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Would you like more specific guidance on any particular section or point?
result in the [d]efendants['] request for a jury trial being struck.' Nowhere did it state that the defendants' failure to pay interim use and occupancy could result in waiver of their right to appeal from any judgment. Cf. CMJ Mgt. Co. v. Wilkerson, * Mass.App. Ct. *, *, * N.E.3d * (*) (striking jury demand for failure to comply with pretrial order 'must be approached with caution')." Regardless the judge struck our jury trial for failuyre to pay interrim use and uccapancy of which we paid $*,*. Furthermore the Court has repeatedly engaged in the practice of dismissing claims including the most recent deniel on November *, * to my motion for fraud on the court without considering new, substantive evidence of fraud. None of these claims negate the elements required to establish fraud on the court.VII: Violation of Constitutional Right to Waive Appeal Bond
It sounds like you have a strong basis for your Petition for Review. Here’s a concise draft to help you:
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Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
- Subject Matter Jurisdiction: The Southeast Housing Court lacked jurisdiction over declaratory judgments related to fraudulent conveyance under Massachusetts law (G.L. c. 231A, § *).
- Evidence of Fraud: The court failed to consider substantial evidence of fraud, including the lender's testimony confessing to an illegal foreclosure, the default notice showing a *% interest rate in violation of MA usury laws (Chapter *, Section *), and the fabricated foreclosure deed.
- Denial of Legal Rights: The denial of my discovery requests and jury trial request, despite the Appeals Court’s caution in CMJ Mgt. Co. v. Wilkerson (* Mass. App. Ct. *, *, * N.E.3d *), represents a significant legal error.
- Procedural Errors: The judge incorrectly labeled my motions as irrelevant and intended to delay the case, without addressing the substantive legal issues presented.
The denial of my appeal has caused significant hardship, preventing me from obtaining a fair review of my claims. I respectfully request the appeals court to review the records and decisions made in my case to ensure that justice is served.
Thank you for your consideration.
Sincerely,
[Your Name]
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Would you like further assistance with any specific section or additional details?
Motion to Require Appeal Bond:
- On October *, *, Godbout Law Inc. and co-conspirators filed a motion to require defendants to post an appeal bond.
Notice of Appeal and Motion to Waive Appeal Bond:
- On November *, *, I filed a notice of appeal.
- On November *, *, I filed a motion to waive the appeal bond order under the Constitutional Indigent Court Cost Law (M.G.L. c. *, §§ 27A-27G).
Court's Denial of Waiver:
- On December *, *, Judge Michaud issued an order denying the motion to waive the appeal bond, stating, "The Plaintiff opposes the waiver and states that 'the defendants are not
Case Rating: *
Given the complexity and the multiple legal issues involved, seeking professional legal counsel could be very beneficial. Here are key points you might consider including in your Petition for Review:
*. Subject Matter Jurisdiction:
- Lack of jurisdiction under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *).
*. Fraud on the Court:
- Evidence of fraud, including the lender's confession, usurious interest rate, and fabricated deed.
*. Procedural Errors:
- Denial of discovery requests and jury trial.
- Denial of emergency motions without addressing jurisdictional issues.
*. Legal Errors:
- Judge’s failure to consider new evidence of fraud.
- Violation of rights under the Constitutional Indigent Court Cost Law (M.G.L. c. *, §§ 27A-27G).
Would you like help with a specific section or further details on any of these points?
indigent within the statutory guidelines and that the underlying issues regarding the appeal are without merit.'"
Legal Error:
- Under the Constitutional Indigent Court Cost Law, the court is required to waive the appeal bond and other court costs and fees if the appellant is indigent. Asa matter of law, the court cannot deny the waiver of an appeal bond order when an indigency affidavit is filed.
- The court's decision to deny the waiver based on the plaintiff's opposition and claims of non-indigency is a significant legal error. Godbout Law Inc. has no authority to determine indigency status, which is a judicial determination.
Impact on Rights:
It sounds like you have a strong case with multiple legal errors and significant evidence to support your claims. Here is a summarized draft for your Petition for Review:
Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
*.
Denial of Discovery Requests: The denial of my discovery requests hindered my ability to gather and present evidence crucial to my defense.
*.
Denial of Jury Trial Request: The denial of my request for a jury trial, despite the caution advised by the Appeals Court, represents a significant legal error and deprivation of my right to a fair trial.
*.
Fraud on the Court: The evidence of fraud, including the lender's confession, the usurious interest rate, and the fabricated deed, was not properly considered.
*.
Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *), the Housing Court lacked jurisdiction to hear this case.
*.
Procedural Errors by the Single Justice: The denial of my emergency motions without addressing the underlying jurisdictional issues and the improper handling of my case by the Bankruptcy Court.
*.
Violation of Constitutional Right to Waive Appeal Bond: The wrongful denial of my motion to waive the appeal bond under the Constitutional Indigent Court Cost Law, leading to my inability to pay the bond and subsequent eviction.
The denial of my appeal has caused significant hardship and has prevented me from obtaining a fair review of my claims. I respectfully request that the appeals court review the records and decisions made in my case to ensure that justice is served.
Thank
- I had a right to waive the appeal bond under the law. The wrongful denial of this waiver led to my inability to pay the appeal bond.
- Consequently, a judgment was ordered against me, and a subsequent eviction was carried out. Godbout Law Inc. and its co-conspirators have unlawfully taken possession of my property through these criminal actions.Bankruptcy Error:
The Bankruptcy Court's handling of the case was improper, as
Judge Panos should have transferred the case to the District
Court of Massachusetts under * U.S.C. § *(d) and * U.S.C. §
It sounds like you have a strong case with multiple legal errors and significant evidence to support your claims. Here's a summarized draft for your Petition for Review:
Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
*. Denial of Discovery Requests: The denial of my discovery requests hindered my ability to gather and present evidence crucial to my defense.
*.Denial of Jury Trial Request: The denial of my request for a jury trial, despite the caution advised by the Appeals Court, represents a significant legal error and deprivation of my right to a fair trial.
*. Fraud on the Court: The evidence of fraud, including the lender's confession, the usurious interest rate, and the fabricated deed, was not properly considered.
*. Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *), the Housing Court lacked jurisdiction to hear this case.
*. Procedural Errors by the Single Justice: The denial of my emergency motions without addressing the underlying jurisdictional issues and the improper handling of my case by the Bankruptcy Court.
*. Violation of Constitutional Right to Waive Appeal Bond: The wrongful denial of my motion to waive the appeal bond under the Constitutional Indigent Court Cost Law, leading to my inability to pay the bond and subsequent eviction.
The denial of my appeal has caused significant hardship and has prevented me from obtaining a fair review of my claims. I respectfully request that the appeals court review the records and decisions made in my case to ensure that justice is served.
Thank you for
*. Contested matters involving property rights violations and
bankruptcy fraud fall under the exclusive jurisdiction of the
District Court.
Procedural History:
• August *, *: Appellant filed an emergency Chapter *
petition (Case No. *-*) to stop the execution of
possession and money judgment by the lower court.
• August *, *: Godbout Law Inc. filed an emergency motion
for relief from stay with a fabricated foreclosure deed and
state court judgment copies procured by fraud on the court.
It sounds like you have a strong case with multiple legal errors and significant evidence to support your claims. Here is a summarized draft for your Petition for Review:
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Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
*. Denial of Discovery Requests: The denial of my discovery requests hindered my ability to gather and present evidence crucial to my defense.
*. Denial of Jury Trial Request: The denial of my request for a jury trial, despite the caution advised by the Appeals Court, represents a significant legal error and deprivation of my right to a fair trial.
*. Fraud on the Court: The evidence of fraud, including the lender's confession, the usurious interest rate, and the fabricated deed, was not properly considered.
*. Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *), the Housing Court lacked jurisdiction to hear this case.
*. Procedural Errors by the Single Justice: The denial of my emergency motions without addressing the underlying jurisdictional issues and the improper handling of my case by the Bankruptcy Court.
*. Violation of Constitutional Right to Waive Appeal Bond: The wrongful denial of my motion to waive the appeal bond under the Constitutional Indigent Court Cost Law, leading to my inability to pay the bond and subsequent eviction.
The denial of my appeal has caused significant hardship and has prevented me from obtaining a fair review of my claims. I respectfully request that the appeals court review the records and decisions made in my case to ensure that justice is served.
Thank you for your consideration
• September *, *: The Court issued an order lifting the
stay based on fraudulent claims, despite appellant’s notice
-*-
providing clear and convincing evidence of fraud.(See
Exhibit * page *)
• October *, *: Execution for possession and money was
issued.
• October *, *: The court granted the trustee's motion to
dismiss the Chapter * case without prejudice. Judge Panos
advised appellant to return to State court to litigate the
claims.
• October *, *: The sheriff took physical ppsession of the property.
It sounds like you have a strong case with various points that need to be addressed. Here is a summarized draft for your Petition for Review:
~Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
*. Denial of Discovery Requests: The denial of my discovery requests hindered my ability to gather and present evidence crucial to my defense.
*.Denial of Jury Trial Request: The denial of my request for a jury trial, despite the caution advised by the Appeals Court, represents a significant legal error and deprivation of my right to a fair trial.
*. Fraud on the Court: The evidence of fraud, including the lender's confession, the usurious interest rate, and the fabricated deed, was not properly considered.
*. Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *), the Housing Court lacked jurisdiction to hear this case.
*. Procedural Errors by the Single Justice: The denial of my emergency motions without addressing the underlying jurisdictional issues and the improper handling of my case by the Bankruptcy Court.
*. Violation of Constitutional Right to Waive Appeal Bond: The wrongful denial of my motion to waive the appeal bond under the Constitutional Indigent Court Cost Law, leading to my inability to pay the bond and subsequent eviction.
The denial of my appeal has caused significant hardship and has prevented me from obtaining a fair review of my claims. I respectfully request that the appeals court review the records and decisions made in my case to ensure that justice is served.
Thank you for
Notice of Appeal by Karen R. Merritt from Order dated */*/* under rule *(b)
It sounds like you have a robust case with multiple legal issues and significant evidence of fraud and procedural errors. Here's a concise structure for your Petition for Review:
Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
*. Denial of Discovery Requests: The denial of my discovery requests hindered my ability to gather and present evidence crucial tomy defense.
*. Denial of Jury Trial Request: The denial of my request for a jury trial, despite the caution advised by the Appeals Court, represents a significant legal error and deprivation of my right to a fair trial.
*. Fraud on the Court: The evidence of fraud, including the lender's confession, the usurious interest rate, and the fabricated deed, was not properly considered.
*. Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *), the Housing Court lacked jurisdiction to hear this case.
*. Procedural Errors by the Single Justice: The denial of my emergency motions without addressing the underlying jurisdictional issues and the improper handling of my case by the Bankruptcy Court.
*. Violation of Constitutional Right to Waive Appeal Bond: The wrongful denial of my motion to waive the appeal bond under the Constitutional Indigent Court Cost Law, leading to my inability to pay the bond and subsequent eviction.
The denial of my appeal has caused significant hardship and has prevented me from obtaining a fair review of my claims. I respectfully request that the appeals court review the records and decisions made in my case to ensure that justice is
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration. I filed the notice of appeal on Decemebr *, * from the deniel of my */*/* Motion to reconsider filed by Karen R. Merritt
VERIFIED EMERGENCY REPLY TO OPPOSITION TO MOTION FOR RECONSIDERATION UNDER RULE *(B) BASED ON FRAUD UPON THE COURt . */*/* ORDER denied based on fraud. Opposoing counsel and the judge have stated that my motiojns are an attempt to religigate the already ajudicaited claims. This is a misappliaction of rule * as i am not trying to relitiate the case i am trying to vactae the case under a fabricated deed. A fabricted deed id void ab intio and has no enforecablabity as a result the housing court lacks subject matter jurisdiction.
It sounds like you have a strong case with multiple legal issues and significant evidence to support your claims. Here is a concise structure for your Petition for Review:
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Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
*. Denial of Discovery Requests: The denial of my discovery requests hindered my ability to gather and present evidence crucialto my defense.
*. Denial of Jury Trial Request: The denial of my request for a jury trial, despite the caution advised by the Appeals Court, represents a significant legal error and deprivation of my right to a fair trial.
*. Fraud on the Court: The evidence of fraud, including the lender's confession, the usurious interest rate, and the fabricated deed, was not properly considered.
*. Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *), the Housing Court lacked jurisdiction to hear this case.
*. Procedural Errors by the Single Justice: The denial of my emergency motions without addressing the underlying jurisdictional issues and the improper handling of my case by the Bankruptcy Court.
*. Violation of Constitutional Right to Waive Appeal Bond: The wrongful denial of my motion to waive the appeal bond under the Constitutional Indigent Court Cost Law, leading to my inability to pay the bond and subsequent eviction.
The denial of my appeal has caused significant hardship and has prevented me from obtaining a fair review of my claims. I respectfully request that the appeals court review the records and decisions made in my case to ensure that justice
can You put the dates and the updates in please and send it to me without the borderline .
Sure, here's a concise structure for your Petition for Review with the provided information and updates:
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Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
*. Denial of Discovery Requests: The denial of my discovery requests hindered my ability to gather and present evidence crucial to my defense.
*. Denial of Jury TrialRequest: The denial of my request for a jury trial, despite the caution advised by the Appeals Court, represents a significant legal error and deprivation of my right to a fair trial.
*. Fraud on the Court: The evidence of fraud, including the lender’s confession, the usurious interest rate, and the fabricated deed, was not properly considered.
*. Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *), the Housing Court lacked jurisdiction to hear this case.
*. Procedural Errors by the Single Justice: The denial of my emergency motions without addressing the underlying jurisdictional issues and the improper handling of my case by the Bankruptcy Court.
*. Violation of Constitutional Right to Waive Appeal Bond: The wrongful denial of my motion to waive the appeal bond under the Constitutional Indigent Court Cost Law, leading to my inability to pay the bond and subsequent eviction.
The denial of my appeal has caused significant hardship and has prevented me from obtaining a fair review of my claims. I respectfully request that the appeals court review the records and decisions made in my case to ensure that justice is served.
Thank you for your consideration.
**
Send me the revised Petition for review without the borderline.
Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied on November *, *. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal, which I filed on December *, *. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
*. Denial of Discovery Requests: The denial of my discovery requests hindered my ability to gather and present evidence crucial to my defense.
*. Denial of Jury Trial Request: Thedenial of my request for a jury trial, despite the caution advised by the Appeals Court, represents a significant legal error and deprivation of my right to a fair trial.
*. Fraud on the Court: The evidence of fraud, including the lender's confession, the usurious interest rate, and the fabricated deed, was not properly considered.
*. Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *), the Housing Court lacked jurisdiction to hear this case.
*. Procedural Errors by the Single Justice: The denial of my emergency motions without addressing the underlying jurisdictional issues and the improper handling of my case by the Bankruptcy Court.
*. Violation of Constitutional Right to Waive Appeal Bond: The wrongful denial of my motion to waive the appeal bond under the Constitutional Indigent Court Cost Law, leading to my inability to pay the bond and subsequent eviction.
The denial of my appeal has caused significant hardship and has prevented me from obtaining a fair review of my claims. I respectfully request that the appeals court review the records and decisions made in my case to ensure that justice is served.
Thank you for your consideration.
Sincerely,
[Your Name
can you place the most import defense to the least importance . I think point * needs to go first. In addition can you add the date of April, *, * . Denial of Jury Trial Request qith a quote from the court adressing this issue. : Thedenial of my request for a jury trial, despite the caution advised by the Appeals Court on April, *, * , represents a significant legal error and deprivation of my right to a fair trial.On April *, *, in Re L & S Realty LLC v. Karen Merritt , the panel stated: "To the extent that the judge [Southeastern Housing Court] based the dismissal of .
Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied on November *, *. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal, which I filed on December *, *. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
*. Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *), the Housing Court lacked jurisdiction tohear this case.
*. Denial of Jury Trial Request: The denial of my request for a jury trial, despite the caution advised by the Appeals Court on April *, *, represents a significant legal error and deprivation of my right to a fair trial. On April *, *, in Re L & S Realty LLC v. Karen Merritt, the panel stated: "To the extent that the judge [Southeastern Housing Court] based the dismissal of the defendants' appeal from the judgment on their failure to pay interim use and occupancy under the prejudgment order, dismissal of the appeal was not an appropriate remedy. That prejudgment order warned that failure to make interim use and occupancy payments 'may result in the [d]efendants['] request for a jury trial being struck.' Nowhere did it state that the defendants' failure to pay interim use and occupancy could result in waiver of their right to appeal from any judgment. Cf. CMJ Mgt. Co. v. Wilkerson, * Mass.App. Ct. *, *, * N.E.3d * (*) (striking jury demand for failure to comply with pretrial order 'must be approached with caution
the defendants' appeal from the judgment on their failure to pay interim use and occupancy under the prejudgment order, dismissal of the appeal was not an appropriate remedy. That prejudgment order warned that failure to make interim use and occupancy payments 'may ossession of the appellant’s home and personal property. result in the [d]efendants['] request for a jury trial being struck.' Nowhere did it state that the defendants' failure to pay interim use and occupancy could result in waiver of their right to appeal from any judgment. Cf. CMJ Mgt. Co. v. Wilkerson, * Mass.App. Ct. *, *, * N.E.3d * (*) (striking jury demand for failure to comply with pretrial order 'must be approached with caution')." Regardless the judge struck our jury trial for failuyre to pay interrim use and uccapancy of which we paid $*,*
Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied on November *, *. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal, which I filed on December *, *. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
*. Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *), the Housing Court lacked jurisdiction to hearthis case.
*. Fraud on the Court: The evidence of fraud, including the lender's confession, the usurious interest rate, and the fabricated deed, was not properly considered.
*. Denial of Jury Trial Request: The denial of my request for a jury trial, despite the caution advised by the Appeals Court on April *, *, represents a significant legal error and deprivation of my right to a fair trial. On April *, *, in Re L & S Realty LLC v. Karen Merritt, the panel stated: "To the extent that the judge [Southeastern Housing Court] based the dismissal of the defendants' appeal from the judgment on their failure to pay interim use and occupancy under the prejudgment order, dismissal of the appeal was not an appropriate remedy. That prejudgment order warned that failure to make interim use and occupancy payments 'may result in the [d]efendants['] request for a jury trial being struck.' Nowhere did it state that the defendants' failure to pay interim use and occupancy could result in waiver of their right to appeal from any judgment. Cf. CMJ Mgt. Co. v. Wilkerson, * Mass.App. Ct. *
see above
Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied on November *, *. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal, which I filed on December *, *. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
*. Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *), the Housing Court lacked jurisdiction to hearthis case.
*. Fraud on the Court: The evidence of fraud, including the lender's confession, the usurious interest rate, and the fabricated deed, was not properly considered.
*. Denial of Jury Trial Request: The denial of my request for a jury trial, despite the caution advised by the Appeals Court on April *, *, represents a significant legal error and deprivation of my right to a fair trial. On April *, *, in Re L & S Realty LLC v. Karen Merritt, the panel stated: "To the extent that the judge [Southeastern Housing Court] based the dismissal of the defendants' appeal from the judgment on their failure to pay interim use and occupancy under the prejudgment order, dismissal of the appeal was not an appropriate remedy. That prejudgment order warned that failure to make interim use and occupancy payments 'may result in the [d]efendants['] request for a jury trial being struck.' Nowhere did it state that the defendants' failure to pay interim use and occupancy could result in waiver of their right to appeal from any judgment. Cf. CMJ Mgt. Co. v. Wilkerson, * Mass.App. Ct. *
Now only from "That prejudgment order warned that failure to make interim use and occupancy payments 'may result in the [d]efendants['] request for a jury trial being struck.' Nowhere did it state that the defendants' failure to pay interim use and occupancy could result in waiver of their right to appeal from any judgment. Cf. CMJ Mgt. Co. v. Wilkerson, * Mass.App. Ct. *" onward
Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied on November *, *. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal, which I filed on December *, *. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
*. Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *), the Housing Court lacked jurisdiction tohear this case.
*. Fraud on the Court: The evidence of fraud, including the lender's confession, the usurious interest rate, and the fabricated deed, was not properly considered.
*. Denial of Jury Trial Request: The denial of my request for a jury trial, despite the caution advised by the Appeals Court on April *, *, represents a significant legal error and deprivation of my right to a fair trial. On April *, *, in Re L & S Realty LLC v. Karen Merritt, the panel stated: "To the extent that the judge [Southeastern Housing Court] based the dismissal of the defendants' appeal from the judgment on their failure to pay interim use and occupancy under the prejudgment order, dismissal of the appeal was not an appropriate remedy. That prejudgment order warned that failure to make interim use and occupancy payments 'may result in the defendants' request for a jury trial being struck.' Nowhere did it state that the defendants' failure to pay interim use and occupancy could result in waiver of their right to appeal from any judgment. Cf. CMJ Mgt. Co. v. Wilkerson, * Mass.App. Ct. *, *,
Only send me from "That prejudgment order warned that failure to make interim use and occupancy payments 'may result in the defendants' request for a jury trial being struck.' Nowhere did it state that the defendants' failure to pay interim use and occupancy could result in waiver of their right to appeal from any judgment. Cf. CMJ Mgt. Co. v. Wilkerson, * Mass.App. Ct. *, *,..." onward keeping without the borderline.
That prejudgment order warned that failure to make interim use and occupancy payments 'may result in the defendants' request for a jury trial being struck.' Nowhere did it state that the defendants' failure to pay interim use and occupancy could result in waiver of their right to appeal from any judgment. Cf. CMJ Mgt. Co. v. Wilkerson, * Mass. App. Ct. *, *, * N.E.3d * (*) (striking jury demand for failure to comply with pretrial order 'must be approached with caution').
see above
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Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied on November *, *. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal, which I filed on December *, *. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
*. Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *), the Housing Court lacked jurisdictionto hear this case.
*. Fraud on the Court: The evidence of fraud, including the lender's confession, the usurious interest rate, and the fabricated deed, was not properly considered.
*. Denial of Jury Trial Request: The denial of my request for a jury trial, despite the caution advised by the Appeals Court on April *, *, represents a significant legal error and deprivation of my right to a fair trial. On April *, *, in *Re L & S Realty LLC v. Karen Merritt*, the panel stated:
"That prejudgment order warned that failure to make interim use and occupancy payments 'may result in the defendants' request for a jury trial being struck.' Nowhere did it state that the defendants' failure to pay interim use and occupancy could result in waiver of their right to appeal from any judgment. Cf. *CMJ Mgt. Co. v. Wilkerson*, * Mass.App. Ct. *, *, * N.E.3d * (*) (striking jury demand for failure to comply with pretrial order 'must be approached with caution')."
*. Denial of Discovery Requests:
from point * onward to the end of the letter.
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Petition for Review of Denial of Appeal
Case No.: [Your Case Number]
Dear Clerk of the Appeals Court,
I am writing to respectfully petition for a review of the housing court's denial of my appeal in the above-referenced case. I believe the denial was an abuse of discretion and that my case merits further consideration.
I initially filed a motion under Rule *(b) for fraud on the court, which was denied on November *, *. Upon denial, I submitted a motion for reconsideration, which was also denied. Subsequently, I requested the appeals court to assemble the record for my notice of appeal, which I filed on December *, *. However, I received a letter stating that I do not have an appeal due to the lower court's denial.
Given the complexity of my case and the alleged abuse of discretion by the housing court judge, I am requesting the appeals court to review the denial of my appeal. Specifically, I believe the following points demonstrate the abuse of discretion:
*. Subject Matter Jurisdiction: Under FRCP *(b)(*) and Massachusetts law (G.L. c. 231A, § *), the HousingCourt lacked jurisdiction to hear this case.
*. Fraud on the Court: The evidence of fraud, including the lender's confession, the usurious interest rate, and the fabricated deed, was not properly considered.
*. Denial of Jury Trial Request: The denial of my request for a jury trial, despite the caution advised by the Appeals Court on April *, *, represents a significant legal error and deprivation of my right to a fair trial. On April *, *, in *Re L & S Realty LLC v. Karen Merritt*, the panel stated: "That prejudgment order warned that failure to make interim use and occupancy payments 'may result in the defendants' request for a jury trial being struck.' Nowhere did it state that the defendants' failure to pay interim use and occupancy could result in waiver of their right to appeal from any judgment. Cf. *CMJ Mgt. Co. v. Wilkerson*, * Mass.App. Ct. *, *, * N.E.3d * (*) (striking jury demand for failure to comply with pretrial order 'must be approached with caution')."
*. Denial of Discovery Requests
Only send me fro point * onward. Start from Point *.
*. Denial of Discovery Requests: The denial of my discovery requests hindered my ability to gather and present evidence crucial to my defense.
*. Procedural Errors by the Single Justice: The denial of my emergency motions without addressing the underlying jurisdictional issues and the improper handling of my case by the Bankruptcy Court.
*. Violation of Constitutional Right to Waive Appeal Bond: The wrongful denial of my motion to waive the appeal bond under the Constitutional Indigent Court Cost Law, leading to my inability to pay the bond and subsequent eviction.
The denial of my appeal has caused significant hardship and has prevented me from obtaining a fair review of my claims. I respectfully request that the appeals court review the records and decisions made in my case to ensure that justice is served.
Thank you for your consideration.
Sincerely,
[Your Name]
Only send me from point * onward. Start from Point *.Do no resend me from points * thru *.
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*. Denial of Discovery Requests: The denial of my discovery requests hindered my ability to gather and present evidence crucial to my defense.
*. Procedural Errors by the Single Justice: The denial of my emergency motions without addressing the underlying jurisdictional issues and the improper handling of my case by the Bankruptcy Court.
*. Violation of Constitutional Right to Waive Appeal Bond: The wrongful denial of my motion to waive the appeal bond under the Constitutional Indigent Court Cost Law, leading to my inability to pay the bond and subsequent eviction.
The denial of my appeal has caused significant hardship and has prevented me from obtaining a fair review of my claims. I respectfully request that the appeals court review the records and decisions made in my case to ensure that justice is served.
Thank you for your consideration.
Sincerely,
[Your Name]
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