Horsford v. Rei

Massachusetts Supreme Judicial Court

Horsford v. Rei

377 N.E.2d 427, 375 Mass. 783, 1978 Mass. LEXIS 1037

CourtMassachusetts Supreme Judicial Court

DecidedJune 2, 1978

StatusPublished

Cited by2 cases

This text of 377 N.E.2d 427 (Horsford v. Rei) 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

Horsford v. Rei, 377 N.E.2d 427, 375 Mass. 783, 1978 Mass. LEXIS 1037 (Mass. 1978).

Pincite

Opinion

The plaintiffs sued to enforce building restrictions, and a judge of the Superior Court adopted a master’s report and ordered judgment for the defendants. The sole contention of the plaintiffs on this appeal is that the judge erred in awarding to the defendant Leo Porretti counsel fees in excess of statutory costs. We transferred the case to this court on our own motion, and we uphold the plaintiffs’ contention. See Bournewood Hosp., Inc. v. Massachusetts Comm’n Against Discrimination, 371 Mass. 303, 312-313 (1976), and cases cited. Since the judgment was entered January 7,1976, it was not subject to G. L. c. 231, §§ 6E-6G, inserted by St. 1976, c. 233, § 1. See Goodwin Bros. Leasing v. Nousis, 373 Mass. 169, 177 n.3 (1977). The judgment is to be modified to omit the award of counsel fees to Porretti. As so modified, the judgment is affirmed.

So ordered.

Gerald M. Saxe for Leo Porretti. James R. McMahon, Jr., for the plaintiffs.

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The plaintiffs sued to enforce building restrictions, and a judge of the Superior Court adopted a master’s report and ordered judgment for the defendants. The sole contention of the plaintiffs on this appeal is that the judge erred in awarding to the defendant Leo Porretti counsel fees in excess of statutory costs. We transferred the case to this court on our own motion, and we uphold the plaintiffs’ contention. See Bournewood Hosp., Inc. v. Massachusetts Comm’n Against Discrimination, 371 Mass. 303, 312-313 (1976), and cases cited. Since the judgment was entered January 7,1976, it was not subject to G. L. c. 231, §§ 6E-6G, inserted by St. 1976, c. 233, § 1. See Goodwin Bros. Leasing v. Nousis, 373 Mass. 169, 177 n.3 (1977). The judgment is to be modified to omit the award of counsel fees to Porretti. As so modified, the judgment is affirmed.

So ordered.

Gerald M. Saxe for Leo Porretti. James R. McMahon, Jr., for the plaintiffs.

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Bluebook (online)

377 N.E.2d 427, 375 Mass. 783, 1978 Mass. LEXIS 1037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horsford-v-rei-mass-1978.

Opinion

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