DocketNumber: 17–P–53
Citation Numbers: 103 N.E.3d 765, 92 Mass. App. Ct. 1130
Filed Date: 3/5/2018
Status: Precedential
Modified Date: 10/18/2024
The defendant Ron Deluca has appealed from a summary process judgment granting possession to the plaintiff landlord. Despite the allowance of numerous extensions to bring his brief in conformity with the appellate rules, the defendant's submission is so inadequate that it prevents our meaningful review of this appeal.
We have reviewed the trial court judge's findings, rulings, and order for judgment contained in the addendum to the plaintiff's brief. The judge found the defendant was evicted for failing to disclose, as required by the plaintiff's rental application, that he had previously been convicted of a sex offense. The defendant admitted that his answer on the application was incorrect or false, but claimed that he was told to provide the false information by an employee of the plaintiff. The judge found the testimony concerning the defendant's claim not credible.
Although the defendant's brief has no formal argument section, his statement of the facts indicates that he disagrees with the trial judge's factual findings and credibility assessments. We are unable to review his claims of error, however, as the defendant's submission to this court does not contain a record appendix. Consequently, we are unable to determine whether any claims of error "were adequately raised and preserved" at trial, see Davis v. Tabachnick,
Finally, as noted, the brief does not contain a substantive argument section, does not contain citation to any legal authority, and consequently does not rise to the level of appellate argument as required by Mass.R.A.P. 16(a)(4), as amended,
As the defendant has provided this court with no record appendix of the proceedings below and no argument compliant with Mass.R.A.P. 16(a)(4), he has waived any issue he might have had on appeal. The judgment is, accordingly, affirmed. The plaintiff's request for fees is denied.
Judgment affirmed.