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MOOD v. KILGORE

384 Mass. 459 (1981)

425 N.E.2d 341

MARGUERITE E. MOOD & another vs. THOMAS B. KILGORE & another.

Supreme Judicial Court of Massachusetts, Essex.

August 25, 1981.

Attorney(s) appearing for the Case

Fred Pearlmutter for the plaintiffs.

John F. Finnerty, Jr., for the defendants.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

LYNCH, J.

The appellants dispute an order of a judge in the Superior Court making a bond filed pursuant to G.L.c. 231, § 60B,3 available to cover the costs of the defendants, prevailing parties in a malpractice action. We hold that the challenge is time barred under Mass. R.A.P. 4 (a), as appearing in 378 Mass. 924 (1979).

Only a brief recital of the facts is necessary. In March...

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