ADOPTION OF VERN. No. 11-P-293.Appeals Court of Massachusetts. October 5, 2011. DECISION PURSUANT TO RULE 1:28. Decree affirmed. Page 1
Category: Massachusetts Appellate Court Opinions
COMMONWEALTH v. FLYNN, 395 Mass. 1104 (1985)
COMMONWEALTH vs. JOSEPH E. FLYNN, JR. Supreme Judicial Court of Massachusetts. July 31, 1985 Further appellate review denied: Reported below: 19 Mass. App. Ct. 1114 (1985).
COMMONWEALTH v. MINER, 431 Mass. 1105 (2000)
733 N.E.2d 125 COMMONWEALTH vs. DAVID MINER. Supreme Judicial Court of Massachusetts. April 27, 2000. Further appellate review denied. Reported below: 48 Mass. App. Ct. 1123 (2000).
SECHREST v. SAFIOL, 383 Mass. 568 (1981)
419 N.E.2d 1384 ROBERT C. SECHREST vs. GEORGE E. SAFIOL another.[1] Supreme Judicial Court of Massachusetts. Norfolk.February 5, 1981. May 6, 1981. [1] Stanley E. Collinson, Jr. Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, ABRAMS, JJ. Contract, Sale of real estate, Cancellation. In an action by which the plaintiff sought to retain a deposit made by […]
KENNEDY v. CONTRIBUTORY RETIREMENT APPEAL BD., 47 Mass. App. Ct. 425 (1999)
713 N.E.2d 401 EILEEN KENNEDY vs. CONTRIBUTORY RETIREMENT APPEAL BOARD another.[1] No. 97-P-1721.Appeals Court of Massachusetts. Suffolk.April 13, 1999. July 27, 1999. [1] Boston Retirement Board. Present: BECK, DREBEN, GILLERMAN, JJ. Retirement. Public Employment, Retirement. Constitutional Law, Equal protection of laws, Freedom of speech and press. Words, “Creditable service.” The provisions of G.L.c. 32, § […]
HOLMES v. WELCH, 314 Mass. 106 (1943)
49 N.E.2d 461 EUNICE A. HOLMES others vs. JOHN H. WELCH others, trustees, others. Supreme Judicial Court of Massachusetts. Worcester.February 5, 1941. May 29, 1943. Present: FIELD, C.J., LUMMUS, QUA, COX, RONAN, JJ. Trust, Express trust: construction; Charitable trust; Resulting trust; Discretionary powers of trustee. Devise and Legacy, Charitable trust, Construction requiring intestacy. Equity Jurisdiction, […]
DUNN v. SIMIONE, 58 Mass. App. Ct. 1107 (2003)
MICHAEL DUNN v. MAUREEN CODY SIMIONE. No. 01-P-1324.Appeals Court of Massachusetts. June 27, 2003. The corrected judgment of modification on complaint filed April 2, 1999, the judgment of contempt on complaint filed May 11, 1999, the judgment of modification on complaint filed September 1, 1999, and the order denying the motion for reconsideration entered on […]
McCARTHY v. HALE, 80 Mass. App. Ct. 1114 (2011)
EUGENE F. McCARTHY v. MARGARET A. HALE. No. 11-P-96.Appeals Court of Massachusetts. November 9, 2011. DECISION PURSUANT TO RULE 1:28. Judgment of contempt dated November 12, 2009, reversed. Order awarding attorney’s fees vacated.
DOE v. SEX, 72 Mass. App. Ct. 1111 (2008)
891 N.E.2d 716 JOHN DOE, SEX OFFENDER REGISTRY BOARD No. 22804 v. SEX OFFENDER REGISTRY BOARD. No. 07-P-659.Appeals Court of Massachusetts. August 1, 2008. Decisions Pursuant to Rule 1:28. Judgment affirmed.
CAMBRIDGE v. TRELEGAN, 181 Mass. 565 (1902)
64 N.E. 204 CITY OF CAMBRIDGE vs. FRANK W. TRELEGAN. Supreme Judicial Court of Massachusetts. Middlesex.March 13, 1902. June 17, 1902. Present: HOLMES, C.J., KNOWLTON, MORTON, HAMMOND, LORING, JJ. Board of Health. License. Municipal Corporations. St. 1894, c. 491, § 18, providing for the granting of licenses to slaughter houses by the mayor and aldermen […]
SCHERFF v. SILINSKI, 346 Mass. 691 (1964)
195 N.E.2d 527 RUPPRECHT R. SCHERFF, executor, vs. MARGARETHE SILINSKI others. Supreme Judicial Court of Massachusetts. Hampden.December 6, 1963. January 13, 1964. Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, SPIEGEL, JJ. Devise and Legacy, Taxes. Under a will providing that a cafe corporation should redeem its note to the testatrix “for the purpose of affording liquidity […]
COMMONWEALTH v. RICHARDS, 10 Mass. App. Ct. 911 (1980)
410 N.E.2d 1218 COMMONWEALTH vs. RALPH P. RICHARDS. Appeals Court of Massachusetts. October 9, 1980. This case is before us on the defendant’s motion for reconsideration of an order by which his appeal from a conviction of murder in the second degree was dismissed. The reason for the dismissal was that the defendant, after the […]
COMMONWEALTH v. LITTLE, 49 Mass. App. Ct. 1107 (2000)
727 N.E.2d 1218 COMMONWEALTH vs. GARY LITTLE. No. 99-P-268.Appeals Court of Massachusetts. May 3, 2000. Orders denying motions for new trial and for reconsideration affirmed.
MALAPANIS v. SHIRAZI, 21 Mass. App. Ct. 378 (1986)
487 N.E.2d 533 JAMES G. MALAPANIS vs. MANOUCHEHR S. SHIRAZI. Appeals Court of Massachusetts. Middlesex.November 14, 1985. January 6, 1986. Present: GREANEY, C.J., CUTTER, WARNER, JJ. Limitations, Statute of. Medical Malpractice, Statute of limitations. Practice, Civil, Summary judgment. In a medical malpractice action commenced on March 8, 1982, against an orthopedic surgeon who had treated […]
TERLIZZI v. MARSH, 258 Mass. 156 (1927)
154 N.E. 754 ANNA TERLIZZI vs. C. ARTHUR MARSH. Supreme Judicial Court of Massachusetts. Worcester.September 27, 1926. January 5, 1927. Present: RUGG, C.J., BRALEY, CROSBY, CARROLL, WAIT, JJ. Negligence, Motor vehicle, Invited person, Gross, Contributory. Where, at the trial of an action against the operator of an automobile for personal injuries received by a girl […]
CLEAN HARBORS OF BRAINTREE, INC. v. BD. OF BRAINTREE, 415 Mass. 876 (1993)
616 N.E.2d 78 CLEAN HARBORS OF BRAINTREE, INC. vs. BOARD OF HEALTH OF BRAINTREE. Supreme Judicial Court of Massachusetts. Norfolk.April 8, 1993. July 19, 1993. Present: LIACOS, C.J., WILKINS, LYNCH, O’CONNOR, GREANEY, JJ. Health, Board of. Municipal Corporations, Board of health, Standing to assert constitutional right, Home rule. Hazardous Waste. Constitutional Law, Standing to question […]
IN RE THOMPSON’S CASE, 74 Mass. App. Ct. 1105 (2009)
JOHN C. THOMPSON’S CASE. No. 08-P-1537.Appeals Court of Massachusetts. April 15, 2009. The decision of the reviewing board is vacated and the matter is remanded for a computation that reflects a reasoned explanation or factual source for the amount of the partial disability award.
DeLUCA v. CLEARY, 47 Mass. App. Ct. 50 (1999)
710 N.E.2d 1027 SHAUNA DeLUCA others[1] vs. VIRGINIA E. CLEARY. No. 97-P-1978.Appeals Court of Massachusetts. Berkshire.January 7, 1999. June 2, 1999. [1] Carol and Ricardo DeLuca, Shauna’s parents, as next friends. Present: KASS, KAPLAN, LENK, JJ. Negligence, Parent, Motor vehicle, Foreseeability of harm. Motor Vehicle, Entrustment. At the trial of a civil action, the judge […]
COMMONWEALTH v. GAUDET, 51 Mass. App. Ct. 1107 (2001)
746 N.E.2d 594 COMMONWEALTH vs. RICHARD A. GAUDET. No. 99-P-1786.Appeals Court of Massachusetts. April 27, 2001. Order denying defendant’s motion for new trial affirmed.
GIBBS OIL COMPANY v. COLLENTRO COLLENTRO, 356 Mass. 725 (1969)
252 N.E.2d 217 GIBBS OIL COMPANY vs. COLLENTRO COLLENTRO, INC. another. Supreme Judicial Court of Massachusetts. October 30, 1969. The evidence in this action of contract indicated that the corporate defendant had purchased fuel oil from the plaintiff and executed a promissory note for $2,600 in payment which the defendant Atkin indorsed as follows: “Waiving […]