Massachusetts District Court, Appellate Division June 23, 2005 (MCS Enterprises, Ltd. v. Henry)

Welsh, J.

A trial court clerk dismissed the plaintiffs timely-filed appeal on the basis of an alleged failure to take timely subsequent action to perfect the appeal. The plaintiffs motion to reinstate the appeal was denied after a judicial hearing. We hold that the appeal should not have been dismissed.

Plaintiff MCS Enterprises, Ltd.