JEFFREY W. FLOR vs. THERESA M. FLOR. 92 Mass. App. Ct. 360 December 8, 2016 – October 4, 2017 Court Below: Probate and Family Court, Berkshire Division Present: Green, Agnes, & Desmond, JJ. Divorce and Separation, Modification of judgment, Alimony. In an action to modify a judgment of divorce nisi, the judge in awarding general […]
Category: Massachusetts Appellate Court Opinions
ADOPTION OF TALIK, 92 Mass. App. Ct. 367 (2017)
ADOPTION OF TALIK.?[Note 1] 92 Mass. App. Ct. 367 July 28, 2017 – October 4, 2017 Court Below: Juvenile Court, Suffolk County Present: Green, Ditkoff, & Wendlandt, JJ. Adoption, Care and protection, Dispensing with parent’s consent. Parent and Child, Dispensing with parent’s consent to adoption. Minor, Care and protection. Practice, Civil, Care and protection proceeding. […]
COMMONWEALTH v. ROSS, 92 Mass. App. Ct. 377 (2017)
COMMONWEALTH vs. DEJON ROSS. 92 Mass. App. Ct. 377 September 6, 2017 – October 11, 2017 Court Below: District Court, Natick Division Present: Massing, Kinder, & Ditkoff, JJ. Motor Vehicle, Operating to endanger. Practice, Criminal, Required finding. Statement of the standard of review of a motion for a required finding of not guilty. [378-379] At […]
SCHOOL COMMITTEE OF QUINCY v. MAYOR OF QUINCY, 15 Mass. App. Ct. 1105 (1983)
SCHOOL COMMITTEE OF QUINCY vs. MAYOR OF QUINCY. Appeals Court of Massachusetts. February 3, 1983. The judgment entered on January 12, 1982, is reversed and a new judgment is to enter stating that “The matter having been heard fully, it is hereby adjudged and declared that the defendant as mayor of the city of Quincy […]
COMMONWEALTH v. MCDONALD, 387 Mass. 1102 (1982)
COMMONWEALTH vs. CHARLIE MCDONALD. Supreme Judicial Court of Massachusetts. September 30, 1982 Further appellate review denied: Reported below: 14 Mass. App. Ct. 941 (1982).
LIPSON v. SOUTHGATE PARK CORP., 345 Mass. 621 (1963)
189 N.E.2d 191 WILLIAM LIPSON vs. SOUTHGATE PARK CORP. Supreme Judicial Court of Massachusetts. Suffolk.January 10, 1963. March 28, 1963. Present: WILKINS, C.J., SPALDING, WHITTEMORE, SPIEGEL, REARDON, JJ. Contract, For sale of real estate, Building contract, Performance and breach, Merger. Deed, Acceptance. Merger. Where a paragraph of an agreement for sale and purchase of land […]
GORMAN v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, 350 Mass. 760 (1965)
212 N.E.2d 568 MARGARET GORMAN vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY another.[1] Supreme Judicial Court of Massachusetts. December 29, 1965. [1] K.P. Forbes, the operator of the Authority’s trackless trolley. Evidence that while the plaintiff was in the act of boarding the Authority’s trackless trolley at a regular stopping place, with one foot on the first […]
COMMONWEALTH v. MITCHELL, 443 Mass. 1105 (2005)
COMMONWEALTH vs. CURTIS MITCHELL (NO. 1). Supreme Judicial Court of Massachusetts. March 2, 2005. Further appellate review denied. Reported below: 62 Mass. App. Ct. 1118 (2005).
COMMONWEALTH v. DAIGLE, 51 Mass. App. Ct. 1113 (2001)
748 N.E.2d 1057 COMMONWEALTH vs. ALBERT DAIGLE. No. 00-P-1229.Appeals Court of Massachusetts. June 7, 2001. Order denying motion for new trial affirmed.
IN THE MATTER OF McKENNEY, 384 Mass. 76 (1981)
424 N.E.2d 194 IN THE MATTER OF ELWOOD S. McKENNEY. Supreme Judicial Court of Massachusetts. Suffolk.March 9, 1981. July 21, 1981. Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, ABRAMS, LYNCH, JJ. Judge. Attorney at Law. Commission on Judicial Conduct. Board of Bar Overseers. Retirement of a judge accused of misconduct in his judicial office did not […]
CARNES v. HOWARD, 180 Mass. 569 (1902)
63 N.E. 122 FRANK A. CARNES another vs. EDWARD O. HOWARD. Supreme Judicial Court of Massachusetts. Suffolk.January 8, 1902. February 28, 1902. Present: HOLMES, C.J., LATHROP, BARKER, HAMMOND, LORING, JJ. Agent, Broker’s Commission. Practice, Civil, Rulings and Instructions. If a real estate broker employed to effect an exchange of lands procures in good faith a […]
KOUROUVACILIS v. AM. FED. OF STATE, CTY., 65 Mass. App. Ct. 521 (2006)
DIANE KOUROUVACILIS v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES another.[1] No. 04-P-1747.Appeals Court of Massachusetts. Hampden.September 13, 2005. February 9, 2006. [1] Monson State Hospital (Monson). As the motion judge observed, the caption of this case does not reflect the real parties in interest in the instant proceeding. This appeal involves the propriety […]
COMMONWEALTH v. RUFFEN, 21 Mass. App. Ct. 90 (1985)
485 N.E.2d 190 COMMONWEALTH vs. WILLIAM A. RUFFEN. Appeals Court of Massachusetts. Essex.October 16, 1985. November 13, 1985. Present: SMITH, CUTTER, WARNER, JJ. Evidence, Self-serving statement, Verbal completeness, Relevancy and materiality, Sexual conduct. In the circumstances, no ground for reversal of criminal convictions for sexual offenses was presented by a trial judge’s refusal to admit […]
BELLIVEAU v. HALSTEAD, 35 Mass. App. Ct. 1110 (1993)
622 N.E.2d 286 BERNARD C. BELLIVEAU another vs. ROBERT L. HALSTEAD another. No. 92-P-823.Appeals Court of Massachusetts. October 15, 1993. Judgments affirmed.
BERUBE v. McKESSON WINE SPIRITS CO., 7 Mass. App. Ct. 426 (1979)
388 N.E.2d 309 ALVAN G. BERUBE another[1] vs. McKESSON WINE SPIRITS COMPANY. Appeals Court of Massachusetts. Bristol.March 20, 1979. April 19, 1979. [1] Carole Berube. Present: BROWN, GREANEY, KASS, JJ. Practice, Civil, Relief from judgment, Judicial discretion. Judgment, Relief from judgment. Discussion of the factors to be considered by a judge in ruling on a […]
COMMONWEALTH v. SEELEY, 27 Mass. App. Ct. 1413 (1989)
540 N.E.2d 1352 COMMONWEALTH vs. ROBERT SEELEY. No. 87-885.Appeals Court of Massachusetts. June 23, 1989. Judgments affirmed. Page 1414
ECKSTEIN v. SCOFFI, 299 Mass. 573 (1938)
13 N.E.2d 436 PAUL J. ECKSTEIN vs. JOHN SCOFFI another. Supreme Judicial Court of Massachusetts. Suffolk.February 11, 1938. March 1, 1938. Present: RUGG, C.J., DONAHUE, LUMMUS, QUA, DOLAN, JJ. Negligence, Employer’s liability: unfit appliances. Contract, Of employment. Practice, Civil, Pre-trial report. Joint Tortfeasors. A finding of negligence of the employer of a baker whose hands […]
SMITH v. SMITH, 186 Mass. 138 (1904)
71 N.E. 314 SHUBAEL D. SMITH, executor trustee, vs. WILLIAM C. SMITH others. Supreme Judicial Court of Massachusetts. Essex.November 4, 1903. June 22, 1904. Present: KNOWLTON, C.J., MORTON, BARKER, LORING, BRALEY, JJ. Devise and Legacy, Construction. A bequest to the brothers and sisters of the testator, after a life interest in one of them, means […]
COMMONWEALTH v. SMOTHERS, 385 Mass. 1101 (1982)
COMMONWEALTH vs. LEO SMOTHERS. Supreme Judicial Court of Massachusetts. January 6, 1982 Further appellate review denied:
RYDER v. LEXINGTON, 303 Mass. 281 (1939)
21 N.E.2d 382 CHARLES W. RYDER vs. TOWN OF LEXINGTON. CHARLES W. RYDER another, trustees, vs. SAME. Supreme Judicial Court of Massachusetts. Middlesex.November 15, 1938. May 29, 1939. Present: FIELD, C.J., DONAHUE, LUMMUS, DOLAN, RONAN, JJ. Municipal Corporations, Liability for tort, Drainage. Drain. Watercourse. Actionable Tort. Damages, For tort. Evidence, Opinion: expert; Of value. Practice, […]