Appeals Court

Subscribe to Appeals Court via RSS

Post Photo_Quill-400pxW

Recently we covered the basics of interlocutory appeals to a single justice of the Massachusetts Appeals. Court. Here are some thoughts on how you can improve your chances of obtaining review:

  • Highlight why the issue presented is an important one not only for your case, but for other pending cases, or the development of

…

In Bank of America, N.A. v. Debora A. Casey (In re Pereira), 791 F. 3d 180 (1st Cir. 2015), the United States Court of Appeals for the First Circuit certified the following questions to the Massachusetts Supreme Judicial Court:

  1. May an affidavit executed and recorded pursuant to G.L. c 183, § 5B, attesting to the proper acknowledgment of a recorded mortgage containing a Certificate of Acknowledgment that omits the name of the mortgagor, correct what the parties say is a material defect in the Certificate of Acknowledgment of that mortgage?
  1. May an affidavit executed and recorded pursuant to G.L. c 183, § 5B, attesting to the proper acknowledgment of a recorded mortgage containing a Certificate of Acknowledgment that omits the name of the mortgagor, provide constructive notice of the existence of the mortgage to a bona fide purchaser, either independently or in combination with the mortgage?

Continue Reading Can an Attorney’s Affidavit Cure a Defective Mortgage?

Appeals of interlocutory orders from Trial Court Departments are reviewed by the single justice of the Appeals Court.  The interlocutory appeal process is governed by G. L. c. 231, § 118, which establishes a 30-day deadline for filing a petition for interlocutory review.  Importantly, this 30-day deadline is set by the statute and the Appeals…