ARRIA v. CHESMORE (2022)

MEMORANDUM AND ORDER PURSUANT TO RULE 23.0

Maria Zullo Chesmore (wife) has timely appealed from an order of a judge of the Probate and Family Court granting the husband's motion for reconsideration or clarification of a judgment entered on December 20, 2018. In a separate case decided today, we have concluded that the same judge did not abuse his discretion in denying the wife's motion for leave to file a late appeal with respect to the direct appeal of the underlying judgment. Accordingly, the only matter properly before us is the judge's ruling on the husband's motion for reconsideration or clarification.

The sole issue clarified by the judge was that the husband did not owe the wife $10,100 related to debt the husband allegedly brought into the marriage. However, the wife has briefed the direct appeal, not the order granting the husband's motion for clarification. Absent a timely appeal we are without jurisdiction to hear the direct appeal on the merits, and the wife has waived any arguments unique to the motion for reconsideration or clarification by failing to brief them on appeal. See Mass. R. A. P. 16 (a) (9) (A), as appearing in 481 Mass. 1628 (2019). See also Zoning Bd. of Appeals of Lunenburg v. Housing Appeals Comm., 464 Mass. 38, 55 (2013) (arguments not made in appellate brief waived). The order dated March 14, 2019 clarifying the judgment of divorce must therefore be affirmed.

So ordered.

affirmed