Freedman v. Schneider

Massachusetts Appeals Court

Freedman v. Schneider

385 N.E.2d 523, 7 Mass. App. Ct. 852, 1979 Mass. App. LEXIS 1236

CourtMassachusetts Appeals Court

DecidedFebruary 1, 1979

StatusPublished

Cited by2 cases

This text of 385 N.E.2d 523 (Freedman v. Schneider) 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

Freedman v. Schneider, 385 N.E.2d 523, 7 Mass. App. Ct. 852, 1979 Mass. App. LEXIS 1236 (Mass. Ct. App. 1979).

Pincite

Opinion

As there has been no determination or direction as is required by Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), when there is an adjudication of fewer than all the claims, no judgment has yet been entered from which an appeal may be taken. New England Canteen Serv., Inc. v. Ashley, 372 Mass. 671, 677 (1977). Caldwell v. Collier, 5 Mass. App. Ct. 903 (1977). Although the appeal must be dismissed, we note by way of dictum that there was error in the application of St. 1970, c. 842, to transactions which occurred prior to January 1, 1973, the date on which c. 842 became effective in the city of Boston (see Babson v. Boston Rent Control Admr., 371 Mass. 404 [1976]), as c. 842 "does not [853]*853require the refund of rent paid before the act’s effectiveness in a municipality.” Huard v. Forest St. Housing, Inc., 366 Mass. 203, 207 n.6 (1974). The judgment to be entered on the plaintiffs claim should therefore be reduced by the amount of $480. There was no error in any of the other respects argued.

Joseph John Schneider, trustee, pro se.

Appeal dismissed.

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As there has been no determination or direction as is required by Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), when there is an adjudication of fewer than all the claims, no judgment has yet been entered from which an appeal may be taken. New England Canteen Serv., Inc. v. Ashley, 372 Mass. 671, 677 (1977). Caldwell v. Collier, 5 Mass. App. Ct. 903 (1977). Although the appeal must be dismissed, we note by way of dictum that there was error in the application of St. 1970, c. 842, to transactions which occurred prior to January 1, 1973, the date on which c. 842 became effective in the city of Boston (see Babson v. Boston Rent Control Admr., 371 Mass. 404 [1976]), as c. 842 "does not [853]*853require the refund of rent paid before the act’s effectiveness in a municipality.” Huard v. Forest St. Housing, Inc., 366 Mass. 203, 207 n.6 (1974). The judgment to be entered on the plaintiffs claim should therefore be reduced by the amount of $480. There was no error in any of the other respects argued.

Joseph John Schneider, trustee, pro se.

Appeal dismissed.

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Bluebook (online)

385 N.E.2d 523, 7 Mass. App. Ct. 852, 1979 Mass. App. LEXIS 1236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freedman-v-schneider-massappct-1979.

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