Interest of Judicial Economy ( 05-J-236 )

On May 31, 2005 Leisha Tringali petitioned the Appeals Court prusant to GLc 231, s. 118 with respect to "Correct the Record" for the mismanagement of her case file located at the Middlesex Probate and Family Court. Leisha citied 51 errors in the case in which were some but not all of the errors, entering in certified copies of the record as evidence.

On June 1, 2005 Notice of the Docket Entry was entered. On the "Matter with respect to correction of the record is remanded to the Probate & Family Court judge ( McSweeny, J. ) for proceedings consistent with Rule 60 (a) of the Domestic Relations Procedure Rules. ( Laurence, J. )"

On June 27, 2005 Leisha Tringali entered in "Notice of Request for Further Appelant Review" on the motion to "Correct the Record". Pursuant to the applicable provisions of the Massachusetts Rules of Civil Procedure.

On June 28, 2005 Notice of the Docket Entry was entered. On the Matter for further Appellant review. The order states " Unless the order of the single justice is one which modifies a lower court order involving injunctive relief, an interlocutory of a single justice, while subject to review in the course of an appeal from final judgment, may not be the subject of a seperate, interlocutory appeal. GIACOBBE V. FIRST COOLIDGE CORP., 367 Mass. 309, 312-313 (1975 ). Compare NABAN V. SELECTMEN OF SALISBURY, 12 Mass. App. CT. 264 266-267 (1981 ) As an interlocutory appeal of this kind as to which the petitioner has filed notice of appeal is doomed to dismissal, it is our practice in these cases to strike such notice. We do this in fairness to litigants who would otherwise expend their substance in a hopeless enterprise and in the interest of judicial econmy.

For the reasons stated, the notice of appeal filed on June 28, 2005, is struck. ( Greenburg, J. )"