Stone v. Dalton

Massachusetts Superior Court

Stone v. Dalton

1 Mass. L. Rptr. 213

CourtMassachusetts Superior Court

DecidedOctober 15, 1993

DocketNo. 92-2746

StatusPublished

This text of 1 Mass. L. Rptr. 213 (Stone v. Dalton) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stone v. Dalton, 1 Mass. L. Rptr. 213 (Mass. Ct. App. 1993).

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Opinion

Fremont-Smith, J.

I conclude that my decision and order so affect the ultimate merits of the above-captioned action that the matter ought to be determined by the Appeals Court before any further proceedings in this Court, because a determinative decision either way at this juncture would, if reversed on appeal, taint all further proceedings, including the trial. Accordingly, I hereby certify the legal question addressed in my decision and order to the Appeals Court to enable that court to clarify the issue so as to permit pre-trial discovery and the trial itself to proceed on a legally correct basis. See G.L.c. 231 §111; Mass.R.Civ.P. 64; Heck v. Commonwealth, 397 Mass. 336, 338-39 (1986); and Peerless Insurance Company v. Hartford Insurance Company, 34 Mass.App.Ct. 534, 535 (1993).

Pursuant to Mass. R.A.P. 5, the defendants shall be designated the appellants in this matter.

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Fremont-Smith, J.

I conclude that my decision and order so affect the ultimate merits of the above-captioned action that the matter ought to be determined by the Appeals Court before any further proceedings in this Court, because a determinative decision either way at this juncture would, if reversed on appeal, taint all further proceedings, including the trial. Accordingly, I hereby certify the legal question addressed in my decision and order to the Appeals Court to enable that court to clarify the issue so as to permit pre-trial discovery and the trial itself to proceed on a legally correct basis. See G.L.c. 231 §111; Mass.R.Civ.P. 64; Heck v. Commonwealth, 397 Mass. 336, 338-39 (1986); and Peerless Insurance Company v. Hartford Insurance Company, 34 Mass.App.Ct. 534, 535 (1993).

Pursuant to Mass. R.A.P. 5, the defendants shall be designated the appellants in this matter.

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Bluebook (online)

1 Mass. L. Rptr. 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-dalton-masssuperct-1993.

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