Dickey v. Inspectional Servs. Dep't of Bos.

Massachusetts Supreme Judicial Court

Dickey v. Inspectional Servs. Dep't of Bos.

120 N.E.3d 1179, 482 Mass. 1003

CourtMassachusetts Supreme Judicial Court

DecidedApril 11, 2019

DocketSJC-12613

StatusPublished

Cited by6 cases

This text of 120 N.E.3d 1179 (Dickey v. Inspectional Servs. Dep't of Bos.) 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

Dickey v. Inspectional Servs. Dep't of Bos., 120 N.E.3d 1179, 482 Mass. 1003 (Mass. 2019).

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Opinion

Finally, even apart from the question of Dickey's lack of standing, we note that G. L. c. 211, § 3, is generally not an appropriate avenue to challenge an order appointing a receiver. Rather, such orders are immediately appealable to the Appeals Court under the doctrine of present execution. See, e.g., Albre v. Sinclair Constr. Co., 345 Mass. 712, 712-713, 189 N.E.2d 563 (1963) ; Wax v. Monks, 327 Mass. 1, 2-3, 96 N.E.2d 704 (1951) ; New England Theatres, Inc. v. Olympia Theatres, Inc., 287 Mass. 485, 490, 192 N.E. 93 (1934), cert. denied sub nom. E.M. Loew's, Inc. v. New England Theatres, Inc., 294 U.S. 713, 55 S.Ct. 509, 79 L.Ed. 1247 (1935).

For all of these reasons, the single justice did not err or abuse her discretion in denying the petition.

Judgment affirmed.

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Finally, even apart from the question of Dickey's lack of standing, we note that G. L. c. 211, § 3, is generally not an appropriate avenue to challenge an order appointing a receiver. Rather, such orders are immediately appealable to the Appeals Court under the doctrine of present execution. See, e.g., Albre v. Sinclair Constr. Co., 345 Mass. 712, 712-713, 189 N.E.2d 563 (1963) ; Wax v. Monks, 327 Mass. 1, 2-3, 96 N.E.2d 704 (1951) ; New England Theatres, Inc. v. Olympia Theatres, Inc., 287 Mass. 485, 490, 192 N.E. 93 (1934), cert. denied sub nom. E.M. Loew's, Inc. v. New England Theatres, Inc., 294 U.S. 713, 55 S.Ct. 509, 79 L.Ed. 1247 (1935).

For all of these reasons, the single justice did not err or abuse her discretion in denying the petition.

Judgment affirmed.

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Bluebook (online)

120 N.E.3d 1179, 482 Mass. 1003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickey-v-inspectional-servs-dept-of-bos-mass-2019.

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