CourtListener 9395991•L.T. v. R.D.
Texto completo
NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule
23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28,
as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties
and, therefore, may not fully address the facts of the case or the panel's
decisional rationale. Moreover, such decisions are not circulated to the entire
court and, therefore, represent only the views of the panel that decided the case.
A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25,
2008, may be cited for its persuasive value but, because of the limitations noted
above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260
n.4 (2008).
COMMONWEALTH OF MASSACHUSETTS
APPEALS COURT
22-P-878
L.T.
vs.
R.D.
MEMORANDUM AND ORDER PURSUANT TO RULE 23.0
The defendant, R.D., appeals from an order of a District
Court judge, after the first hearing after notice, extending a
harassment prevention order issued pursuant to G. L. c. 258E,
§ 3, for one year. We affirm.1
The sole issue raised by the defendant is his claim that
the plaintiff "perjured herself to the court. She cannot be
found truthful or believable." Specifically, the defendant
alleges that the plaintiff has "Herpes 2" and lied "when she
said she has no STD's."
At the hearing, however, the defendant stated that he could
not pronounce the sexually transmitted disease he claims the
plaintiff had, testifying that "[he] [couldn't] pronounce it,"
1 The plaintiff, L.T., did not file a brief in this appeal.
but "it's some Greek or Latin term." After ruling on the
extension, the judge stated, addressing the plaintiff, "I hope
you're being treated, if in fact it's true." The plaintiff
responded, "It's not true." It is impossible to discern whether
the plaintiff was denying having any sexually transmitted
disease or just the unpronounceable disease the defendant
referenced.
In any event, the defendant presents only his own word that
the plaintiff was lying. "Our role as a reviewing court is not
to reassess credibility determinations made by the hearing
judge." Constance C. v. Raymond R., 101 Mass. App. Ct. 390, 397
(2022). "We accord the credibility determinations of the judge
who 'heard the testimony of the parties . . . [and] observed
their demeanor' . . . the utmost deference." Yahna Y. v.
Sylvester S., 97 Mass. App. Ct. 184, 185 (2020), quoting
Ginsberg v. Blacker, 67 Mass. App. Ct. 139, 140 n.3 (2006). We
are in no position to second guess the judge's credibility
determinations on a cold transcript without seeing the witnesses
2
and how they testified. Accordingly, we cannot disturb the
judge's order.
Order entered June 3, 2022,
affirmed.
By the Court (Ditkoff, Hand &
D'Angelo, JJ.2),
Clerk
Entered: May 2, 2023.
2 The panelists are listed in order of seniority.
3
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.