Dismissal of abandoned appeals

If the appellant has failed to (i) file the transcript of the proceedings or the designated portions thereof or the statement of certification within the time required by Rule 8(b)(1) and Rule 9(d) of the Massachusetts Rules of Appellate Procedure (unless such time shall previously have been enlarged as permitted by Rule 10(c)); (ii) docket the appeal within the time required by Rule 10(a)(1) of the Massachusetts Rules of Appellate Procedure (unless such time shall previously have been enlarged or the late docketing allowed as permitted by Rule 10(a)(3)); or (iii) failed to file the transcript of the proceedings or the designated portion thereof within six (6) months of filing the statement of certification, the register shall send written notice by first class mail that the appeal will be dismissed for lack of prosecution to the attorney of record for each party, or to the party at his last known address if he is not represented by an attorney. A copy of this rule shall accompany said written notice. The sending of every notice required by this rule shall be noted on the docket. Fourteen (14) days after the date of such notice, the register shall forthwith dismiss such appeal for lack of prosecution and shall note said dismissal on the docket, unless the register receives a) a motion to enlarge to a date certain set forth therein the time for complying with this rule and the requirements of said Rule 8(b)(1) and Rule 9(d) and/or Rule 10(a)(1) or (3) which has been marked for hearing and b) an affidavit of the movant which shall set forth all the facts which such movant wishes to have considered by the court which will act on such motion in accordance with the provisions of this rule and Rule 10(c).