Old Pilgrim Insurance Agency, Inc. v. Monarch Life Insurance

Massachusetts Appeals Court

Old Pilgrim Insurance Agency, Inc. v. Monarch Life Insurance

11 Mass. App. Ct. 893

Massachusetts Appeals Court·Decided December 23, 1980·Published·Cited by 1 cases

Opinion

As the sole claim of appeal was directed to the interlocutory order allowing the defendant’s motion for summary judgment (see and compare J.B.L. Constr. Co. v. Lincoln Homes Corp., 9 Mass. App. Ct. 250, 253 [1980]), rather than to the “final judgment” (G. L. c. 231, § 113, as appearing in St. 1973, c. 1114, § 202), the appeal must be dismissed. Nantucket Land Council, Inc. v. Planning Bd. of Nantucket, 5 Mass. App. Ct. 206, 207, 216 (1977). If we were to consider the merits of the questions raised below (see Kelsey v. Panarelli, 5 Mass. App. Ct. 480, 482 [1977], and cases cited), we would affirm for the reasons given by the judge when he allowed the motion.

Appeal dismissed.

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As the sole claim of appeal was directed to the interlocutory order allowing the defendant’s motion for summary judgment (see and compare J.B.L. Constr. Co. v. Lincoln Homes Corp., 9 Mass. App. Ct. 250, 253 [1980]), rather than to the “final judgment” (G. L. c. 231, § 113, as appearing in St. 1973, c. 1114, § 202), the appeal must be dismissed. Nantucket Land Council, Inc. v. Planning Bd. of Nantucket, 5 Mass. App. Ct. 206, 207, 216 (1977). If we were to consider the merits of the questions raised below (see Kelsey v. Panarelli, 5 Mass. App. Ct. 480, 482 [1977], and cases cited), we would affirm for the reasons given by the judge when he allowed the motion.

Appeal dismissed.

Old Pilgrim Insurance Agency, Inc. v. Monarch Life Insurance, 11 Mass. App. Ct. 893 (Mass. Ct. App. 1980).

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Opinion

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