Davis v. Tabachnick, 680 N.E.2d 1171 (Mass. 1997). · Go Syfert
Davis v. Tabachnick, 680 N.E.2d 1171 (Mass. 1997). Cases Citing This Book View Copy Cite
“e shall not address the merits of the plaintiffs' claims because there is nothing in the record before us that indicates that those claims were adequately raised and preserved in the curt proceedings.”
33 citation events (27 in the last 25 years) across 3 distinct courts.
Strongest positive: M.M. v. J.M. (massappct, 2018-05-23)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 19 distinct citers.
discussed Cited as authority (quoted) M.M. v. J.M.
Mass. App. Ct. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
e shall not address the merits of the plaintiffs' claims because there is nothing in the record before us that indicates that those claims were adequately raised and preserved
examined Cited as authority (quoted) Commonwealth v. Morse
Mass. App. Ct. · 2000 · quote attribution · 1 verbatim quote · confidence low
e shall not address the merits of the plaintiffs' claims because there is nothing in the record before us that indicates that those claims were adequately raised and preserved in the curt proceedings.
discussed Cited as authority (rule) Margarita Metaxas's Case.
Mass. App. Ct. · 2025 · confidence medium
On August 21, 2019, Metaxas was again seen at the urgent care clinic and reported pain from a fall, but she again did not report where the fall occurred and said that it happened "on Memorial Day."2 Metaxas was seen at the urgent care clinic on August 28, 2019, These failures are not excused because Metaxas is self- represented, see Davis v. Tabachnick, 425 Mass. 1010, 1010 (1997), and we could summarily affirm the reviewing board's decision on that basis alone.
discussed Cited "see" H.P. v. Z.G.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Davis v. Tabachnick, 425 Mass. 1010, 1010 (1997), cert. denied, 522 U.S. 982 (1997); Pandey v. Roulston, 419 Mass. 1010, 1011 (1995) ("The fact that the plaintiff is pro se does not excuse him from compliance with relevant rules of substantive and procedural law"). 3 209A order.
discussed Cited "see" L.B.R. v. B.J.R.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Davis v. Tabachnick, 425 Mass. 1010, 1010 (1997), cert. denied, 522 U.S. 982 (1997); Pandey v. Roulston, 419 Mass. 1010, 1011 (1995) ("The fact that the plaintiff is pro se does not excuse him from compliance with relevant rules of substantive and procedural law"). 3 1.
discussed Cited "see" Commonwealth v. Anthony M. Valenti.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Davis v. Tabachnick, 425 Mass. 1010 (1997), cert. denied, 522 U.S. 982 (1997); Pandey v. Roulston, 419 Mass. 1010 (1995) ("The fact that the plaintiff is pro se does not excuse him from compliance with relevant rules of substantive and procedural law"). 3 prevention order was in effect on the date of the alleged violation; (2) the defendant had knowledge of the order; and (3) the defendant violated the order.
discussed Cited "see" Peter M. Leo v. Norman E. Leo.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Davis v. Tabachnick, 425 Mass. 1010 , cert. denied, 522 U.S. 982 (1997); Pandey v. Roulston, 419 Mass. 1010, 1010 (1995) ("The fact that the plaintiff is pro se does not excuse him from compliance with relevant rules of substantive and procedural law"). 3 The defendant's request for attorney's fees and other damages is denied. 4 As to the defendant's other arguments, we have reviewed them all and determined that they do no merit further discussion.
cited Cited "see" JULIA DIXON v. NING JIANG & Another.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Davis v. Tabachnick, 425 Mass. 1010, 1010 (1997) (pro se appellants held to same standards as litigants represented by counsel).
discussed Cited "see" Asia Denise Thompson v. Joey Dwayne Thompson.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Davis v. Tabachnick, 425 Mass. 1010, 1010 (1997) (appellant not entitled to review on claims where brief lacked citations to support factual allegations, appendix lacked transcript or tape recording of proceedings in court, and appellant provided no 3 other documents in support of his claims other than his unsubstantiated assertions in his brief).
cited Cited "see" Carette Young v. Jpmorgan Chase Bank, N.A.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Davis v. Tabachnick, 425 Mass. 1010, 1010 (1997).
cited Cited "see" Charles D. Clarke v. Donna M. Murphy.
Mass. App. Ct. · 2024 · signal: see · confidence high
See Davis v. Tabachnick, 425 Mass. 1010, 1010 , cert. denied, 522 U.S. 982 (1997).
cited Cited "see" Caitlin Schiffer v. Brendan Reid.
Mass. App. Ct. · 2023 · signal: see · confidence high
See Davis v. Tabachnick, 425 Mass. 1010, 1010 (1997).
cited Cited "see" DON PERRY v. ZONING BOARD OF APPEALS OF HULL & others.
Mass. App. Ct. · 2021 · signal: see · confidence high
See Davis v. Tabachnick, 425 Mass. 1010, 1010 , cert. denied, 522 U.S. 982 (1997).
cited Cited "see" H.D. v. X.Z.
Mass. App. Ct. · 2018 · signal: see · confidence high
See Davis , supra .
cited Cited "see" Aimco N. Andover, LLC v. Deluca
Mass. App. Ct. · 2018 · signal: see · confidence high
See Davis v. Tabachnick , supra .
cited Cited "see" Ceurvels v. Murphy
Mass. App. Ct. · 2018 · signal: see · confidence high
See Davis v. Tabachnick , 425 Mass. 1010 (1997) (self-represented parties held to same standard as those represented by counsel).
cited Cited "see" Mann v. Mann
Mass. App. Ct. · 2017 · signal: see · confidence high
See Davis v. Tabachnick , 425 Mass. 1010 , 1010 (1997).
cited Cited "see" Frullo v. Landenberger
Mass. App. Ct. · 2004 · signal: see · confidence high
See Davis v. Tabachnick, 425 Mass. 1010 (1997).
cited Cited "see" Jordan v. Superior Court
Mass. · 1998 · signal: see · confidence high
See Davis v. Tabachnick, 425 Mass. 1010 , cert. denied, 118 S. Ct. 443 (1997); Morales v. Commonwealth, 424 Mass. 1010 (1997).
Fred Davis & others
v.
Edith Tabachnick & others
Massachusetts Supreme Judicial Court.
Jul 3, 1997.
680 N.E.2d 1171
Fred Davis & Gertrude Davis, pro se., Joseph S. Provanzano (Paul M. Derby with him) for Edith Tabachnick.
Cited by 30 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 81%
Citer courts: Massachusetts Appeals Court (2)

A single justice of this court denied, without a hearing, a pro se petition for relief under G. L. c. 211, § 3. The petitioners’ brief contains no citations to support their factual allegations, as required by Mass. R. A. P. 16 (a) (3), 365 Mass. 860 (1974), and Mass. R. A. P. 16 (e), as amended, 378 Mass. 940 (1979), and their allegations of error by the Bristol Division of the Probate and Family Court are not supported by the record appendix submitted to this court. Moreover, their appendix does not contain a transcript or tape recording of the Probate Court proceedings; the relevant Probate Court docket entries; or any pertinent pleadings, motions, judgment, order, or decision of the Probate Court (other than the unsubstantiated summaries asserted in the plaintiffs’ brief) that is at issue. Although the plaintiffs have been acting pro se, they are held to the same standards as litigants who are represented by counsel. See Solimine v. Davidian, 422 Mass. 1002 (1996); Brossard v. West Roxbury Div. of the Dist. Court Dep’t, 417 Mass. 183, 184 (1994). Accordingly, we shall not address the merits of the plaintiffs’ claims because there is nothing in the record before us that indicates that those claims were adequately raised and preserved in the Probate Court proceedings. E.H.S. v. K.E.S., 424 Mass. 1011, 1011-1012 (1997).

Furthermore, the single justice correctly denied the petition because the plaintiffs have or had adequate and effective avenues other than G. L. c. 211, § 3, by which to seek and obtain the requested relief. See Martineau v. Department of Correction, 423 Mass. 1007 (1996); Adams v. Cumberland Farms, Inc., 420 Mass. 807 (1995). The plaintiffs could have filed a motion in the Probate Court to compel the register of that court to accept for filing their notice of appeal and to process that appeal. See Morales v. Commonwealth, 424 Mass. 1010 (1997); Callahan v. Commonwealth, 416 Mass. 1010 (1994); Burnham v. Clerk of the First Dist. Court of Essex, 352 Mass. 466, 467-468 (1967). In these cases, we have stated that a clerk should not refuse to docket a notice of appeal unless ordered to refuse by a judge. Logic dictates that such orders should be in writing. We have also determined that under Rule 201 (3) of the Supplemental Rules of the Probate Court, “parties aggrieved by a denial of a request for a recording or a delay in the processing may refer the matter to the Chief Justice of the Probate and Family Court.” Greco v. Suffolk Div. of the Probate & Family Court Dep’t, 418 Mass. 153, 156 (1994). Nevertheless, the plaintiffs’ claim that the judge ordered the register not to accept a notice of appeal or any other pleading is not supported by proof in the record and cannot be considered by this court. The single justice correctly denied the petition, without a hearing, for relief under G. L. c. 211, § 3.

Judgment affirmed.