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Appellant Says Probate Judge 'Prejudged' 40-Year Marriage Case; Appeals Court Questions Process

Massachusetts Appeals Court · May 5, 2026
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Summary

In 24P1270, counsel for the appellant argued the probate court repeatedly signaled an outcome—citing on-the-record remarks about the marriage length and a post-trial appointment of a special master—amounting to a denial of fundamental due process in the trial court’s property division.

The Appeals Court in Boston heard argument on May 5, 2026 in 24P1270, Casemir Goreki v. Jacqueline Gerki, where appellate counsel Alfred Fese III argued that the probate judge prejudged the case and denied fundamental due process by announcing results before evidence was closed and by including an appointment of a special master in the judgment rather than through an on-the-record appointment during trial.

Fese told the panel that the…

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