CANTRELL v. MARSHALL'S DEPARTMENT STORE, 1990 Mass. App. Div. 119 (1990)

Carol Cantrell vs. Marshall’s Department Store and others[1]

Massachusetts Appellate Division, Southern District.
July 31, 1990.

[1] John H. Davenport and Mugar Group.

Present: Dolan, P.J., Hurley Kane, JJ.

Practice, Civil, Stipulation of dismissal; Dist./Mun. Cts. R. Civ. P., Rule 41 (a) (1) (ii); Mootness.

Report of court’s dismissal of report. Action heard in the Barnstable Division by Richard O. Staff, J.

Steven B. Boris for the plaintiff.

Peter A. Sundelin for the defendants.

Hurley, J.

The report in this case was allowed by the trial court on October 4, 1989. Briefs and report were forwarded to this division on November 7, 1989. On February 13, 1990, the parties to this action filed a stipulation of dismissal pursuant to Dist./Mun. Cts. R. Civ. P., Rule 41 (a) (1) (ii). The issue on appeal has, therefore, been rendered moot by the absence of an actual case in controversy. See Goldman v. Kane, 3 Mass. App. Ct. 336 (1975). The case is to be returned to the Barnstable Division for entry of dismissal.

CANTRELL v. MARSHALL’S DEPARTMENT STORE, 1990 Mass. App. Div. 119 (1990)