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

CourtMassachusetts Appeals Court

DecidedDecember 23, 1980

StatusPublished

Cited by1 cases

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

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

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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.

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11 Mass. App. Ct. 893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/old-pilgrim-insurance-agency-inc-v-monarch-life-insurance-massappct-1980.

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