Care One Management, LLC v. Gloria Brown.

Massachusetts Appeals Court

Care One Management, LLC v. Gloria Brown.

DecidedMarch 5, 2024

Docket23-P-0529

StatusUnpublished

This text of Care One Management, LLC v. Gloria Brown. (Care One Management, LLC v. Gloria Brown.) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Care One Management, LLC v. Gloria Brown., (Mass. Ct. App. 2024).

Pincite

Opinion

NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule 23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28, as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).

COMMONWEALTH OF MASSACHUSETTS

APPEALS COURT

23-P-529

CARE ONE MANAGEMENT, LLC

vs.

GLORIA BROWN.

MEMORANDUM AND ORDER PURSUANT TO RULE 23.0

The issue presented in this appeal is whether the defendant

has a right to appeal from an order entered by a single justice

of this court on February 17, 2023, denying her petition brought

pursuant to G. L. c. 231, § 118. She does not. The Supreme

Judicial Court has "stated on a number of occasions that there

is no right of appeal from the denial of a petition under the

first paragraph of § 118." McMenimen v. Passatempo, 452 Mass.

178, 189 (2008). Accordingly, the order entered by a different

single justice on March 22, 2023, striking the defendant's notice of appeal from the order denying her petition is

affirmed.1

Order of the single justice entered on March 22, 2023, striking notice of appeal affirmed.

By the Court (Vuono, Hershfang & Toone, JJ.2),

Assistant Clerk

Entered: March 5, 2024.

1 The plaintiff's request for appellate attorney's fees and costs is denied. The defendant's motion docketed on June 16, 2023 is also denied. 2 The panelists are listed in order of seniority.

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NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule 23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28, as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).