5 Mass. App. Ct. 772 | Mass. App. Ct. | 1977
The appeals which were taken in these cases on July 11, 1975, were dismissed on September 29, 1975, and are not before us. The only appeals which are before us are those from the orders of September 29, 1975, denying the appellants’ motion to extend the time for filing a report of the evidence and to direct the register of probate to prepare the records in the three cases (which we take to be in legal effect a motion to permit late assembly of the records in those cases) and allowing the appellee’s motion to dismiss all appeals in those cases. The record does not indicate that the appellants took any steps to comply with the rules relative to assembly of the record until they filed their motion for late assembly, well after the forty days allowed by Mass.R.A.P. 9(c), 365 Mass. 852 (1974), had expired (Westinghouse Elec. Supply Co. v. Healy Corp. ante, 43, 60 [1977]l,
Orders of September 29, 1975, affirmed.
Appeal from the order of July 14, 1975, dismissed.
The motion, in so far as it sought an order for late assembly, was filed in the wrong court. See Mass.R.A.P. 9(e), 365 Mass. 853 (1974); Westinghouse Elec. Supply Co. v. Healy Corp. ante, 43, 61 (1977).