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SUPREME JUDICIAL COURT

FOR THE COMMONWEALTH OF MASSACHUSETTS

DAR -

TAMMY L. LARACE, & another

PLAINTIFF-APPELLEE

V.
WELLS FARGO BANK, N.A. AS TRUSTEE & another

DEFENDANTS - APPELLEES

ON APPEAL FROM A JUDGMENT OF LAND

COURT
Case 18 MISC 000327
Pending
MASSACHUSETTS APPEALS COURT Case
2019-P-1507

APPELLANTS’ MOTION TO FILE

PETITION FOR DIRECT APPELLATE REVIEW LATE

Glenn F. Russell, Jr. (BBO#656914}

38 Rock Street, Suite 12

Fall River, Massachusetts 02720
508.324.4545 (telephone}
508.938.0244 (fax}
russ45esq@gmail.com

July 11, 2020

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 Now comes the Plaintiffs under the instant appeal, and

who hereby through undersigned counsel, herein respectfully

submit their Motion to file their Application for Direct

Appellate Review Late.

As reasons therefore, subsequent to the Plaintiffs’

filing of their Notice of Appeal on October 16, 2019,

undersigned was required to attend to seriously ill family

member, which severely limited the amount of office time to

file this Motion earlier.

In fact, undersigned sought and received three

extensions to file the Plaintiffs’ Opening Brief on this

Basis. Upon receiving the final extension to file the

Opening Brief, undersigned penned and filed the same on

February 07, 2020. Undersigned was engaged in the process

of drafting the Plaintiffs’ petition for Direct Appellate

Review (and Motion to File the same late), when the COVID-

19 Health Emergency struck the Commonwealth.

Undersigned was unable to access Office files as he

was precluded from travelling to his Office in Fall River

from his Rhode Island residence, due to travel

restrictions. In addition, due to the Court shutdown,

undersigned’s case load responsibilities had a significant

backlog, which further decreased available time to complete

the Plaintiff’s petition. Indeed, many of these commitments

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involved recent filings with this Court under numerous

Applications for Further Appellate Review, as well as

recent deadlines before the Massachusetts Appeals Court

Only this past week has undersigned had the

opportunity to finally pick up on Plaintiff’s petition for

Direct Appellate Review from where he left off in March.

The Plaintiff respectfully requests leave to file their

Application for Direct Appellate Review late, as their counsel

was laboring under extremely difficult and trying family ordeal,

and the subsequent COVID-19 pandemic health emergency, which

prevented an earlier Application for Direct Appellate Review.

WHEREFORE, based upon the entirety of the foregoing, the

Plaintiffs respectfully request leave to file their Application

for Direct Appellate Review late.

Respectfully Submitted,

Petitioners,
by their Attorney

__________________
Glenn F. Russell, Jr.
BBO# 656914

Glenn F. Russell, Jr., &

Associates, P.C.
38 Rock Street, #12
Fall River, MA 02720
Phone: (508) 324-4545
Fax: (508) 938-0244
russ45esq@gmail.com

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 CERTIFICATE OF SERVICE

I, Glenn F. Russell, Jr., hereby certify that on this 11th day of

July 2020, I served one copy of the above document, by the Odyssey

electronic filing system, and / or Email, FedEx or USPS, postage prepaid,

upon the following counsel of record:

Marissa I. DeLinks
Maura McKelvey
Hale Yazicioglu-Lake
Jordan O’Donnell

Hinshaw & Culbertson, LLP

53 State Street, 27th Floor
Boston, MA 02109

Glenn F. Russell, Jr.

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