Massachusetts Appellate Division, Municipal Court.
May 26, 1992.
Present: Bakas, P.J., and Dougan, J.
Practice, Civil, New trial motion; Petition to establish report.
Report of court’s denial of defendant’s petition to establish report. Action heard by Chin, J.
Edward B. Ginn for the plaintiffs.
Edward J. Collins for the defendants.
Bakas, P.J.
Central to the defendants’ grievance was the allowance of the plaintiffs’ motion for a new trial (on April 5, 1991) after a hearing before a motion judge and his order of reassignment of the case to an assessment judge for assessment of damages.
Page 100
We also note in passing that at all times relevant the defendants were in default.
In the instant case, the defendants did not oppose the plaintiffs’ motion for a new trial nor did the defendants file any opposition or counter motions nor was there any opposition to the order of reassignment by the court. Neither was there any request for rulings nor any request for a report in order to preserve any issue relative to the court’s rulings per the requirements of Dist./Mun. Cts. R. Civ. P., Rule 64.
And, although the defendants preserved a ruling relative to a motion to alter or amend the judgment before the assessment judge (which was properly denied), we conclude that the denial thereof in the context of the history of this case cannot serve as a vehicle to review the central issue hereinabove referred to. Consequently, the defendants’ Petition to Establish a Report is denied.
So ordered.