If you appeal an eviction ruling and then fail to docket the appeal in the Appeals Court within 14 days of the notice of assembly, the trial judge can dismiss your appeal for inexcusable neglect. In this case, the Appeals Court upheld a dismissal even though the occupant had a serious, undisputed reason for part of the delay, because he gave no good reason for the months before and after it. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
The town became the owner of a Westwood property through a Land Court judgment for unpaid real estate taxes. It served the occupant with a notice to quit and, when he did not leave within thirty days, brought a summary process (eviction) case in the Housing Court. The town won on summary judgment in 2024, but the execution for possession expired before it was used, so the town asked for a new one. The judge allowed the town’s motion and denied the occupant’s motion to correct the record. The occupant, an attorney representing himself, filed a notice of appeal, and a notice of assembly of the record went out on September 27, 2024. He never docketed the appeal. About four months later the town moved to dismiss. At the hearing he said health problems, including roughly four months in the hospital, kept him from docketing, and he asked for time to hire a lawyer.
What the court decided
In Town of Westwood v. Broderick, No. 25-P-1025 (Mass. App. Ct. May 13, 2026) (Rule 23.0 decision), the Appeals Court affirmed the order dismissing the appeal.
Under Mass. R. A. P. 10 (a) (1), the person appealing must docket the appeal in the appellate court within 14 days after receiving the notice of assembly of the record from the trial court clerk. Rule 10 (c) lets the trial court dismiss the appeal for that failure, on the other side’s motion, but only on a finding of inexcusable neglect. Otherwise, the court must extend the time to docket.
The Appeals Court reviews that kind of dismissal only for abuse of discretion, citing Russell v. McOwen-Hanelt, 413 Mass. 106, 109 (1992). The judge accepted that a hospital stay is an extraordinary circumstance. But the hospital stay began in mid December 2024, well after the 14 days had run out, and ended in April 2025. The occupant offered no reason for failing to docket during the months before he was hospitalized or the weeks after. The judge also found he did not need a lawyer to docket the appeal, since he had capably represented himself throughout the case. The Appeals Court said it was sympathetic but found no abuse of discretion.
What this means for you
An eviction appeal has several separate deadlines, and missing any one of them can end the appeal before a judge ever looks at the merits. In a summary process case, G.L. c. 239, § 5, gives you only 10 days after judgment to file a notice of appeal. Filing that notice is only the first step. Once the trial court clerk sends the notice of assembly of the record, a new 14 day clock starts, and you must docket the case in the Appeals Court and pay the docket fee or ask for a waiver.
The lesson from this case is about timing. A real hardship can excuse a delay, but only for the period it actually covers. If your problem started after the deadline already passed, or you did nothing once it ended, a judge can find the neglect inexcusable. Waiting until the other side files a motion to dismiss makes it harder to explain the gap.
Also notice that the town was able to get a new execution after the first one expired. An expired execution does not mean the eviction is over.
What to do now
- Write down every date: judgment, notice of appeal, and the date you received the notice of assembly of the record. Count 14 days from receipt.
- Docket the appeal in the Appeals Court right away and pay the fee or file a fee waiver request. Do not wait to find a lawyer before docketing.
- If something prevents you from meeting a deadline, ask the court for an extension before the deadline passes, and keep records showing exactly when the problem started and ended.
- If the other side moves to dismiss, file a written opposition that explains the whole period of delay, not just part of it, and ask the judge to extend your time instead of dismissing.
- Talk with a lawyer about whether you need a stay of the execution while the appeal is pending.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
