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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-03-11
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 83 entries
Disposition judgment entered

Parties

Plaintiff Amelia, Ralph P.|Amelia, Anna L.|Lyons, Lisa
Defendant 10 Juniper Hill Road Llc|Ozcan, Zadik|Ozcan, Alis|Sweeney, James F.|Sweeney, Emily

Lawyers

Docket Entries

  1. escript Received from the Appeals Court. Judgment affirmed..
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 429085 Date: 03/11/2022
  4. and Court surcharge Receipt: 429085 Date: 03/11/2022
  5. and Court summons Receipt: 429085 Date: 03/11/2022
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff. Attorney: Schechner, Esq., Ranen S
  7. otion for Special Process Server Pursuant to Mass.R.Civ.P. 4(c), filed and ALLOWED. Judge: Roberts, Hon. Jennifer S.D.
  8. otion for Short Order of Notice, filed and ALLOWED. Judge: Roberts, Hon. Jennifer S.D.
  9. otion for Issuance of Memorandum of Lis Pendens, filed. (Note: Memorandum of Lis Pendens (M.G.L. c. 184 sec. 15) submitted).
  10. ummons and Hearing Notice issued on Application for Lis Pendens. Judge: Roberts, Hon. Jennifer S.D. Event: Hearing on Lis Pendens VIA ZOOM Date: 03/21/2022 Time: 02:00 PM Email notice to: Attorney Ranen Schechner.
  11. he case has been assigned to the A Track. Notice sent.
  12. he Plaintiffs' Memorandum of Law in Support of Motion for Issuance of Memorandum of Lis Pendens, filed.
  13. irst Amended Verified Complaint, filed by email.
  14. ummons and Hearing Notice issued on Application for Lis Pendens. Judge: Roberts, Hon. Jennifer S.D. Event: Hearing on Lis Pendens VIA ZOOM Date: 03/21/2022 Time: 02:00 PM Email notice to: Attorney Ranen S. Schechner.
  15. vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 04/05/2022 Time: 09:30 AM Email notice to: Attorney Ranen S. Schechner.
  16. vent Resulted: Hearing on Motion For Issuance Of Memorandum Of Lis Pendens ("the Motion") scheduled on: 03/21/2022 02:00 PM Has been: Held via video. Attorney Ranen S. Schechner appeared for plaintiffs and no appearance was made by or on behalf of defendants. The Motion is HELD IN ABEYANCE. The court requested that Attorney Schechner provide legal support for the proposition that service by leaving at the last and usual place of abode of the defendant LLC's manager/resident agent satisfies Mass. R. Civ. P. 4 (d) (2). Attorney Schechner may request further hearing on the Motion by emailing Sessions Clerk Hayes. Email notice to: Attorney Ranen S. Schechner.
  17. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ranen S Schechner, Esq. [email protected] null: File Copy Sent On: 03/21/2022 15:52:53
  18. ummons and Hearing Notice issued on Application for Lis Pendens. Judge: Roberts, Hon. Jennifer S.D. Event: Hearing on Lis Pendens Date: 03/25/2022 Time: 09:00 AM Email notice to: Attorney Ranen S. Schechner.
  19. vent Resulted: Hearing on Lis Pendens scheduled on: 03/25/2022 09:00 AM Has been: Canceled - incorrect date. Hon. Jennifer S.D. Roberts, Presiding
  20. pecial Motion to Dismiss By 10 Juniper Hill Road LLC, filed by email.
  21. pposition by 10 Juniper Hill Road LLC to Plaintiffs' Motion for Approval of Lis Pendens Memorandum, filed by email.
  22. vent Resulted: Hearing on Motion For Issuance Of Lis Pendens scheduled on: 04/05/2022 09:30 AM Has been: Held via video. Attorney Ranen S. Schechner appeared for plaintiffs and Attorney Jack Merrill appeared for defendant 10 Juniper Hill Road LLC (the "LLC"). The court, having received the LLC's special motion to dismiss this action the day prior, informed the parties that both motions would be heard at a later date. At Attorney Schechner's request, Attorney Merrill stipulated that the LLC will not convey the property until both motions have been heard and ruled on by the court. Attorney Schechner's opposition to the special motion to dismiss is to be filed and served by April 15, 2022, with any reply thereto due by April 22, 2022. The court scheduled a hearing on the motions for April 26, 2022 at 2:00 p.m., to be held via Zoom. Email notice to: Attorney Ranen S. Schechner and Attorney Jack Merrill. Hon. Jennifer S.D. Roberts, Presiding
  23. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ranen S Schechner, Esq. [email protected] Defendant: Jack Merrill, Jr., Esq. [email protected] null: File Copy Sent On: 04/07/2022 11:28:31
  24. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Special Motion to Dismiss by 10 Juniper Hill Road LLC VIA ZOOM Date: 04/26/2022 Time: 02:00 PM Email notice to: Attorney Ranen S. Schechner and Attorney Jack Merrill, Jr.
  25. ffidavit of Frank T. Ravinal, filed.
  26. he Plaintiffs' Opposition to the Defendant, 10 Juniper Hill Road LLC's Special Motion to Dismiss, filed by email.
  27. Juniper Hill Road LLC's Reply to Plaintiffs' Opposition to Special Motion to Dismiss, filed by email.
  28. vent Resulted: Hearing on (1) Motion For Issuance Of Lis Pendens ("the Lis Pendens Motion") and (2) Special Motion To Dismiss By 10 Juniper Hill Road LLC ("the Special Motion To Dismiss") scheduled on: 04/26/2022 02:00 PM Has been: Held via video. Attorney Ranen S. Schechner appeared for plaintiffs and Attorney Jack Merrill, Jr. appeared for defendant 10 Juniper Hill Road LLC (the "LLC"). As a threshold matter, the court noted (1) that it does not have subject matter jurisdiction over plaintiffs' nuisance claim and (2) that unless there are unusual circumstances in the LLC's back title, it owns Juniper Hill Road and Pigeon Road to the centerline as they abut its property. After hearing argument in favor of, and in opposition to, the Lis Pendens Motion, and after further review of the cases cited by the LLC in its reply to plaintiff's opposition to the Special Motion To Dismiss, the Lis Pendens Motion is ALLOWED and the Special Motion To Dismiss is DENIED. A judicial endorsement of memorandum of lis pendens will issue with the area subject to the memorandum being limited to that bounded by the Plan 1915 Line on the east, the center line of Juniper Hill Road on the south, the center line of Pigeon Lane on the west, and the Subdivision Line (Not Property Line) on the north, all as shown on the plan entitled "Plan Of Land Waltham MA. Showing Pigeon Hill Estates Trust Deeded Locations Of Ownership And 20' Wide Right Of Way Easement Ralph Bibbo Reg. Land Surveyor 10 Hammer Street Waltham MA. Date: 10/05/02 Scale: 1" = 10'," attached as Exhibit N to the First Amended Verified Complaint. If the LLC determines that its back title so warrants, it may renew its motion to dismiss. Email notice to: Attorney Ranen S. Schechner and Attorney Jack Merrill, Jr. Hon. Jennifer S.D. Roberts, Presiding
  29. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ranen S Schechner, Esq. [email protected] Defendant: Jack Merrill, Jr., Esq. [email protected] null: File Copy Sent On: 04/29/2022 12:37:30
  30. udicial Endorsement of Lis Pendens, issued. (Copies emailed to Attorneys Ranen Schechner and Jack Merrill) Judge: Roberts, Hon. Jennifer S.D.
  31. vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 05/25/2022 Time: 09:00 AM Email notice to: Attorney Ranen S. Schechner and Attorney Jack Merrill, Jr.
  32. Juniper Hill Road LLC's Answer to First Amended Verified Complaint, filed.
  33. vent Resulted: Case Management Conference scheduled on: 05/25/2022 09:00 AM Has been: Rescheduled Hon. Jennifer S.D. Roberts, Presiding
  34. vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 06/02/2022 Time: 09:30 AM Email notice to: Attorney Ranen S. Schechner and Attorney Jack Merrill, Jr.
  35. oint (Case Management Conference) Statement of the Parties, filed by email.
  36. vent Resulted: Case Management Conference scheduled on: 06/02/2022 09:30 AM Has been: Held via video. Early Intervention Event held. Attorney Ranen S. Schechner appeared for plaintiffs, Attorney Jack Merrill, Jr. appeared for defendant 10 Juniper Hill Road LLC, and defendants James F. Sweeney and Emily Sweeney appeared pro se. Attorney Schechner confirmed that he does not believe that either Zadik or Alis Ozcan have an ownership interest in the property at issue and would consent to their dismissal as defendants. Accordingly, the court DISMISSED Zadik and Alis Ozcan as defendants. The court advised James F. Sweeney and Emily Sweeney of their rights and responsibilities as pro se parties, advised them that they would be defaulted in the event they do not timely respond to the complaint, and suggested that they consider seeking legal counsel if they would like to obtain an understanding of their rights and obligations with respect to this matter. Attorney Schechner reported that the plaintiffs are open to mediation and reaching a resolution outside of court if possible. The court set a discovery deadline of October 14, 2022 and scheduled a Status conference for October 14, 2022 at 9:00 a.m., to be held via Zoom. Email notice to: Attorney Ranen S. Schechner and Attorney Jack Merrill, Jr. Hon. Jennifer S.D. Roberts, Presiding
  37. lternative Dispute Resolution: Early Intervention Event held. Judge: Roberts, Hon. Jennifer S.D.
  38. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ranen S Schechner, Esq. [email protected] Defendant: Jack Merrill, Jr., Esq. [email protected] null: File Copy Sent On: 06/03/2022 09:52:05
  39. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 10/14/2022 Time: 09:00 AM Email notice to: Attorney Ranen S. Schechner; Attorney Jack Merrill, Jr.; Pro Se Defendant James S. Sweeney; and Pro Se Defendant Emily Sweeney.
  40. Sweeney Defendants') Answer to First Amended Verified Complaint and Jury Trial Demand, filed by email.
  41. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ranen S Schechner, Esq. [email protected] Defendant: Jack Merrill, Jr., Esq. [email protected] Defendant: Leon Richard LeClair, III, Esq. [email protected]
  42. nswer to First Amended Verified Complaint and Jury Trial Demand, filed.
  43. vent Resulted: Status Conference scheduled on: 10/14/2022 09:00 AM Has been: Held via video. Attorney Ranen S. Schechner appeared for plaintiffs, Attorney Jack Merrill, Jr. appeared for defendant 10 Juniper Hill Road LLC and Attorney L. Richard LeClair, III appeared for defendants James and Emily Sweeney. The court instructed Attorney LeClair to email an electronic copy of yesterday's hand-delivered answer to Clerk Hayes. The court scheduled a further Status Conference for November 8, 2022 at 10:00 a.m., to be held by videoconference. In the interim, the parties are to consult regarding possible resolution of this matter. If Attorney LeClair wishes to conduct discovery, he will need to file a motion to extend discovery that will be heard on November 8, 2022. Email notice to: Attorney Ranen S. Schechner; Attorney Jack Merrill, Jr.; and Attorney L. Richard LeClair, III. Hon. Jennifer S.D. Roberts, Presiding
  44. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 11/08/2022 Time: 10:00 AM Email notice to: Attorney Ranen S. Schechner; Attorney Jack Merrill, Jr.; and Attorney L. Richard LeClair, III.
  45. vent Resulted: Status Conference scheduled on: 11/08/2022 10:00 AM Has been: Held via video. Attorney Ranen S. Schechner appeared for plaintiffs, Attorney Jack Merrill, Jr. appeared for defendant 10 Juniper Hill Road LLC and Attorney L. Richard LeClair, III appeared for defendants James and Emily Sweeney. After indicating that settlement discussions were unsuccessful, the parties informed the court that discovery is complete. After brief discussion regarding the issues dividing the parties, the court scheduled a deadline for Attorney Schechner to file a Motion for Summary Judgment ("the Motion") for January 9, 2023. All oppositions and replies thereto will be governed by Land Court Rule 4. The court further scheduled a hearing on the Motion for March 6, 2023 at 2:00 p.m., to be held by videoconference. The parties were, however, encouraged to continue their efforts at reaching a resolution of this matter. Email notice to: Attorney Ranen S. Schechner; Attorney Jack Merrill, Jr.; and Attorney L. Richard LeClair, III. Hon. Jennifer S.D. Roberts, Presiding
  46. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ranen S Schechner, Esq. [email protected] Defendant: Jack Merrill, Jr., Esq. [email protected] Defendant: Leon Richard LeClair, III, Esq. [email protected]
  47. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Summary Judgment Hearing VIA ZOOM Date: 03/06/2023 Time: 02:00 PM Email notice to: Attorney Ranen S. Schechner; Attorney Jack Merrill, Jr.; and Attorney L. Richard LeClair, III.
  48. he Plaintiffs' Motion for Summary Judgment as to 10 Juniper Hill Road LLC , filed.
  49. he Plaintiffs' Memorandum In Support of Motion for Summary Judgment as to 10 Juniper Hill Road LLC, filed.
  50. he Plaintiffs' Statement of Undisputed Facts In Support of Summary Judgment, filed.
  51. he Plaintiffs' Appendix to Motion for Summary Judgment, filed.
  52. he Plaintiffs' Motion to Dismiss the Defendant James F. Sweeney and Emily Sweeney Trustee of 104 Pigeon Lane Realty Trust, filed.
  53. otice of Docket Entry: An opposition to The Plaintiffs' Motion to Dismiss The Defendant James F. Sweeney And Emily Sweeney Trustee of 104 Pigeon Lane Realty Trust should be filed and served by January 27, 2023. Email notice to: Attorney Ranen S. Schechner; Attorney Jack Merrill, Jr.; and Attorney L. Richard LeClair, III. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Ranen S Schechner, Esq. [email protected] Defendant: Jack Merrill, Jr., Esq. [email protected] Defendant: Leon Richard LeClair, III, Esq. [email protected]
  54. vent Resulted: Summary Judgment Hearing scheduled on: 03/06/2023 02:00 PM Has been: Rescheduled Hon. Jennifer S.D. Roberts, Presiding
  55. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Summary Judgment Hearing Event Converted to a Status Conference to Set a New Briefing Schedule and Hearing Date for the Motion and the Cross-Motion VIA ZOOM Date: 03/08/2023 Time: 02:00 PM Email notice to: Attorney Ranen S. Schechner; Attorney Jack Merrill, Jr.; and Attorney L. Richard LeClair, III.
  56. pposition of James F. Sweeney and Emily Sweeney, Trustees of 104 Pigeon Lane Realty Trust to the Plaintiffs' Motion to Dismiss, filed by email.
  57. pposition by 10 Juniper Hill Road LLC to Plaintiffs' Motion for Summary Judgment, filed by email.
  58. efendant 10 Juniper Hill Road LLC's Responses to Plaintiffs' Statement of Undisputed Facts, filed by email.
  59. pposition of James F. Sweeney and Emily Sweeney, Trustees of 104 Pigeon Lane Realty Trust to the Plaintiffs' Motion for Summary Judgment and Cross-Motion for Judgment on the Pleadings, filed by email.
  60. ffidavit of James F. Sweeney In Opposition to Plaintiffs' Motion for Summary Judgment, filed by email.
  61. emorandum of Law In Support of Opposition of James F. Sweeney and Emily Sweeney, Trustees of 104 Pigeon Lane Realty Trust to the Plaintiffs' Motion for Summary Judgment and Cross-Motion for Judgment on Pleadings, filed by email.
  62. efendants' (James F. Sweeney and Emily Sweeney as Trustees of 104 Pigeon Lane Realty Trust) Reply to the Plaintiffs' Statement of Undisputed Facts In Support of Summary Judgment and Statement of Additional Facts, filed by email.
  63. otice of Docket Entry: In view of the cross-motion for judgment on the pleadings filed on February 22, 2023 by the defendant Trustees of 104 Pigeon Lane Realty Trust, the summary judgment hearing scheduled for March 8, 2023 at 2:00 p.m. is being converted to a status conference to set a new briefing schedule and hearing date for the motion and the cross-motion. Email notice to: Attorney Ranen S. Schechner; Attorney Jack Merrill, Jr.; and Attorney L. Richard LeClair, III. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Ranen S Schechner, Esq. [email protected] Defendant: Jack Merrill, Jr., Esq. [email protected] Defendant: Leon Richard LeClair, III, Esq. [email protected]
  64. vent Resulted: Summary Judgment Hearing scheduled on: 03/08/2023 02:00 PM Has been: Held via video. Attorney Ranen S. Schechner appeared for plaintiffs, Attorney Jack Merrill, Jr. appeared for defendant 10 Juniper Hill Road LLC and Attorney L. Richard LeClair, III appeared for defendants James and Emily Sweeney. Having reviewed the Sweeney defendants' cross-motion for judgment on the pleadings ("the Motion"), and, after discussion of the res judicata issue raised therein with counsel, the court scheduled a deadline of April 5, 2023 for Attorney Schechner to file and serve an opposition to the Motion, solely in response to the res judicata argument. Any reply thereto from Attorney LeClair should be filed and served by April 19, 2023. The court scheduled a hearing on the Motion for May 31, 2023 at 2:00 p.m., to be held via videoconference. Attorney Merrill is excused from attending that hearing. Email notice to: Attorney Ranen S. Schechner; Attorney Jack Merrill, Jr.; and Attorney L. Richard LeClair, III. Hon. Jennifer S.D. Roberts, Presiding
  65. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ranen S Schechner, Esq. [email protected] Defendant: Jack Merrill, Jr., Esq. [email protected] Defendant: Leon Richard LeClair, III, Esq. [email protected]
  66. cheduled Judge: Roberts, Hon. Jennifer S.D. Event: Sweeney Defendants' Cross-Motion for Judgment on the Pleadings VIA ZOOM Date: 05/31/2023 Time: 01:30 PM Email notice to: Attorney Ranen S. Schechner; Attorney Jack Merrill, Jr.; and Attorney L. Richard LeClair, III.
  67. he Plaintiffs' Memorandum In Opposition to the Defendants James F. Sweeney and Emily Sweeney Trustees of 104 Pigeon Lane Realty Trust's Motion for Judgment on the Pleadings Addressing Res Judicata Arguments, filed by email.
  68. laintiffs' Assented-To Motion to Extend Briefing Deadline for Filing Briefs (Plaintiffs can file opposition to Sweeneys' Motion for Judgment on the Pleadings be extended from April 5, 2023 until April 10, 2023 and Sweeneys have to file their reply extended from April 19, 2023 until April 24, 2023), filed by email.
  69. laintiffs' Assented-To Motion to Extend Briefing Deadline for Filing Briefs (Plaintiffs can file opposition to Sweeneys' Motion for Judgment on the Pleadings be extended from April 5, 2023 until April 10, 2023 and Sweeneys have to file their reply extended from April 19, 2023 until April 24, 2023) ALLOWED. Email notice to: Attorney Ranen S. Schechner; Attorney Jack Merrill, Jr.; and Attorney L. Richard LeClair, III. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Ranen S Schechner, Esq. [email protected] Defendant: Jack Merrill, Jr., Esq. [email protected] Defendant: Leon Richard LeClair, III, Esq. [email protected]
  70. eply Memorandum of James F. Sweeney and Emily Sweeney, Trustees of 104 Pigeon Lane Realty Trust In Support of Their Cross-Motion for Judgment on the Pleadings, filed by email.
  71. vent Resulted: Sweeney Defendants' Cross-Motion For Judgment On The Pleadings ("the Motion") scheduled on: 05/31/2023 01:30 PM Has been: Held via video. Attorney Ranen S. Schechner appeared for plaintiffs and Attorney L. Richard LeClair, III appeared for defendants James F. and Emily Sweeney, Trustees of the 104 Pigeon Lane Realty Trust. No appearance was made by or on behalf of defendant 10 Juniper Hill Road LLC ("the LLC"), Attorney Jack Merrill, Jr., counsel of record for the LLC having been excused from attending this hearing. After hearing argument for and in opposition to the Motion, Attorney Schechner is directed to file a supplemental briefing addressing (1) whether the plaintiffs in this action are the successors in interest to the easement rights recognized in the defendants in Corcoran v. Dellepigne, Case No. 103436 (Mass. Land Ct. June 8, 1983) (Randall, C.J.), and (2) whether the plaintiffs' property was a part of the "Boy Scout parcel," as referred to in that case, with the result that the plaintiffs' easement rights, if any, are limited to the original uses upon which the finding of a prescriptive easement was based by the Corcoran court. Attorney Schechner's supplemental briefing is due by June 30, 2023, with any response thereto by Attorney LeClair due by August 15, 2023. If further argument is desired, the parties are to request it when supplemental briefing is completed. Email notice to: Attorney Ranen S. Schechner and Attorney L. Richard LeClair, III. Hon. Jennifer S.D. Roberts, Presiding
  72. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ranen S Schechner, Esq. [email protected] Defendant: Jack Merrill, Jr., Esq. [email protected] Defendant: Leon Richard LeClair, III, Esq. [email protected]
  73. nopposed Motion to Extend Briefing Schedule and for Leave to File, filed.
  74. laintiffs' Supplemental Brief Concerning Easement Rights In Pigeon Lane, filed.
  75. nopposed Motion to Extend Briefing Schedule and for Leave to File ALLOWED. (Briefing scheduled extended as follows: (1) Plaintiffs' supplemental brief to be filed by July 14, 2023 and (2) Defendants' supplemental brief to be filed by August 30, 2023). Email notice to: Attorney Ranen S. Schechner; Attorney Jack Merrill, Jr.; and Attorney L. Richard LeClair, III. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Ranen S Schechner, Esq. [email protected] Defendant: Jack Merrill, Jr., Esq. [email protected] Defendant: Leon Richard LeClair, III, Esq. [email protected]
  76. upplemental Memorandum of Law In Support of the Opposition of James F. Sweeney and Emily Sweeney, Trustees of the 104 Pigeon Lane Realty Trust to Plaintiffs' Motion for Summary Judgment and Cross-Motion for Judgment on the Pleadings, filed.
  77. emorandum of Decision and Order on Motion for Summary Judgment, Motion to Dismiss, and Motion for Judgment on the Pleadings, issued. (Copies emailed to Attorneys Ranen Schechner, Jack Merrill, and Leon LeClair) Judge: Roberts, Hon. Jennifer S.D.
  78. udgment entered. (Copies emailed to Attorneys Ranen Schechner, Jack Merrill, and Leon LeClair) Judge: Roberts, Hon. Jennifer S.D.
  79. otice of Appeal by Ralph P. Amelia Trustee of the Amelia Family Nominee Trust, Anna L. Amelia Trustee of the Amelia family Nominee Trust, Lisa Lyons Trustee of the LAL realty Trust to the Appeals Court filed.
  80. otice of Service of Notice of Appeal sent to Jack Merrill, Jr., Esq., Leon Richard LeClair, III, Esq.
  81. otice of Assembly of Record on Appeal sent to the Clerk of the Appeals Court.
  82. otice of Assembly of Record on Appeal sent to all counsel of record.
  83. ranscripts of Motion Hearings held on March 8, 2023 and May 31, 2023 have been received by the Court.

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