Bender v. Automotive Specialties, Inc.

551 N.E.2d 903, 407 Mass. 31
CourtMassachusetts Supreme Judicial Court
DecidedMarch 15, 1990
StatusPublished
Cited by19 cases

This text of 551 N.E.2d 903 (Bender v. Automotive Specialties, Inc.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bender v. Automotive Specialties, Inc., 551 N.E.2d 903, 407 Mass. 31 (Mass. 1990).

Opinions

Greaney, J.

The plaintiffs commenced this personal injury action in the Superior Court seeking damages based on the alleged negligent operation of an automobile that was taken without authority from the custody of the defendant, Automotive Specialties, Inc. (Automotive). The plaintiffs’ claims against two other defendants were disposed of in the District Court, leaving Automotive as the sole defendant. [32]*32Automotive moved for summary judgment pursuant to Mass. Dist. Mun. Cts. R. Civ. P. 56 (b) (1989), which was granted. The plaintiffs requested a report of the case to the Appellate Division of the District Court. The Appellate Division concluded that “there was no prejudicial error,” and ordered the report dismissed. The plaintiffs appealed, and we granted their application for direct appellate review.

Automotive argues that the appeal cannot be maintained because the plaintiffs were required to have the case retransferred pursuant to that portion of G. L. c. 231, § 102C (1988 ed.), which states that “[a]ny party . . . aggrieved by the finding or decision [of the District or Municipal Court] may as of right have the case retransferred for determination by the superior court.” We have said that an appeal will not lie under G. L. c. 231, § 109 (1988 ed.), from a decision and order of the Appellate Division of the District Court in a case transferred pursuant to G. L. c. 231, § 102C, in the absence of retransfer to, and decision by, the Superior Court. See Greenhouse, Inc. v. TWA, 394 Mass. 60 (1985); Pupillo v. New England Tel. & Tel. Co., 381 Mass. 714 (1980); Fusco v. Springfield Republican Co., 367 Mass. 904 (1975). The basis of this rule is that § 109 allows an appeal only from a final decision. The Appellate Division’s decision is interlocutory in nature, with the final judgment being entered at the conclusion of the action, after retransfer, in the Superior Court. Pupillo v. New England Tel. & Tel. Co., supra at 715.

The plaintiffs point out that these decisions involved cases that were actually tried in the District Court. By comparison, this case was resolved in the District Court by the grant of summary judgment for Automotive. In the plaintiffs’ view, this disposition takes the case out of the ordinary procedural path prescribed by § 102C, and places it on a straight path for the Appeals Court or this court. We disagree.

A District Court can dispose of a § 102C case on its merits by means of summary judgment. Although § 102C speaks in terms of the transfer of a civil case from the Superior Court to a District Court “for trial,” the statute was amended [33]*33through St. 1975, c. 377, §§ 102, 102A, to conform its provisions to the rules of civil procedure governing civil practice in the District and Municipal Courts. The conforming amendment stated, with respect to all § 102C cases, that “[t]he parties shall have the benefits of and be subject to the District-Municipal Courts Rules of Civil Procedure.”2 The Legislature’s failure to except a transferred case from any of the rules of civil procedure governing actions in the District and Municipal Courts, and its placement of the provision making those rules applicable to transfer cases in the third paragraph of the statute, after references to the fact that a case transferred under the statute is transferred “for trial,” indicates that the parties to a § 102C case are able to invoke summary judgment. The amending legislation obviously intended to make parallel matters of civil practice that involve constituent parts of the unified Trial Court. Otherwise, we should have the strange anomaly of a transfer case not being subject to summary judgment in the District or Municipal Court to which it has been sent, but being subject to rule 56 treatment in the Superior Court if it is retransferred. See O’Brion, Russell & Co. v. LeMay, 370 Mass. 243 (1976). The amendment superimposed on the “trial” language in § 102C the ability of a District or Municipal Court judge to decide a § 102C case by means of available procedures under governing, and more efficient, civil rules of practice. A District or Municipal Court judge handling a § 102C case may entertain a motion for summary judgment pursuant to Dist. Mun. Cts. R. Civ. P. 56 (1989), and, when appropriate, grant such a motion.3

[34]*34We conclude that a decision by summary judgment of a § 102C case, after consideration by the Appellate Division of the District Court, should not be subject to appeal of right under G. L. c. 231, § 109C, to the Appeals Court or this court. As pointed out above, we have consistently held that the Appellate Division’s decision of a § 102C case that has been tried in the District Court is interlocutory in nature. As we stated in Orasz v. Colonial Tavern, Inc., 365 Mass. 131, 139 (1974), a party who, after decision by an Appellate Division, has the right to retransfer his case to the Superior Court “does not have the right to appeal to [an appellate] court from a decision of the Appellate Division before the retrial of the case in the Superior Court.” We further stated in Greenhouse, Inc. v. TWA, supra at 62, that this rule is based upon the caution about casual disregard of procedural requirements, which was expressed in Weil v. Boston Elevated Ry., 216 Mass. 545, 549 (1914), in the following terms: “The rule of practice as to when [appeals] may be presented for argument in [an appellate] court ought to be simple, capable of being easily understood and not likely to be open to doubt in application. ... It is more important to preserve it than to break in upon it for the purpose of doing what may appear to be desirable in a single case and thereby work confusion in many other cases.”

We perceive no compelling reason to create a special exception to the Orasz rule (which we recently reaffirmed in Greenhouse, Inc. v. TWA, supra) for § 102C cases decided by means of summary judgment. A requirement of retransfer of these cases to the Superior Court will at least force the losing party to reevaluate his position before seeking to liti[35]*35gate it further. After reflection, the loser may choose to accept the result in the District Court and not pursue the case. In some cases, there will be the opportunity for additional negotiation which could produce a settlement. If retransferred, the case may be deemed suitable for summary judgment in the Superior Court, see O’Brion, Russell & Co. v. LeMay, supra, and cases lacking triable issues most likely would be eliminated by that procedure. The dockets of the Superior Court, therefore, should not be taxed excessively, and benefit could accrue to the dockets of the Appeals Court, which is incurring a steady increase in its annual number of appeals. On the whole, the present balance of considerations favors making this kind of disposition of a § 102C case subject to the retransfer requirements rather than hauling it up to an appellate court to decide whether summary judgment was appropriate. Accordingly, we decline to except from the Orasz rule, § 102C cases which have been the subject of a decision and order of the Appellate Division of the District Court upholding the grant of summary judgment.

The plaintiffs in this case had ten days from receipt of the notice of the Appellate Division’s decision to retransfer the case to the Superior Court. They did not do so and instead appealed to the Appeals Court.

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Bender v. Automotive Specialties, Inc.
551 N.E.2d 903 (Massachusetts Supreme Judicial Court, 1990)

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551 N.E.2d 903, 407 Mass. 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bender-v-automotive-specialties-inc-mass-1990.