Stripinis v. Whitman-Hanson Regional District School Committee

Massachusetts Appeals Court

Stripinis v. Whitman-Hanson Regional District School Committee

372 N.E.2d 1313, 6 Mass. App. Ct. 853, 1978 Mass. App. LEXIS 687

CourtMassachusetts Appeals Court

DecidedMarch 2, 1978

StatusPublished

Cited by1 cases

This text of 372 N.E.2d 1313 (Stripinis v. Whitman-Hanson Regional District School Committee) 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.

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Stripinis v. Whitman-Hanson Regional District School Committee, 372 N.E.2d 1313, 6 Mass. App. Ct. 853, 1978 Mass. App. LEXIS 687 (Mass. Ct. App. 1978).

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Opinion

We view this matter, as we must, as an action under G. L. c. 71, § 43A, as appearing in St. 1975, c. 337. If the judge erred in dismissing the plaintiff’s action pursuant to Mass.R.Civ.P. 12(b), 365 Mass. 755-756 (1974), review of the ensuing judgment may not be had by way of appeal. MacKenzie v. School Comm. of Ipswich, 342 Mass. 612, 613-614 (1961), and cases cited. The proper method of raising the issues which the plaintiff has attempted to argue [854]*854in this court is discussed in Dixon v. School Comm. of Framingham, 5 Mass. App. Ct. 857 (1977).

Jeffrey M. Freedman for the plaintiff. James A. Toomey for the defendant.

Appeal dismissed.

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We view this matter, as we must, as an action under G. L. c. 71, § 43A, as appearing in St. 1975, c. 337. If the judge erred in dismissing the plaintiff’s action pursuant to Mass.R.Civ.P. 12(b), 365 Mass. 755-756 (1974), review of the ensuing judgment may not be had by way of appeal. MacKenzie v. School Comm. of Ipswich, 342 Mass. 612, 613-614 (1961), and cases cited. The proper method of raising the issues which the plaintiff has attempted to argue [854]*854in this court is discussed in Dixon v. School Comm. of Framingham, 5 Mass. App. Ct. 857 (1977).

Jeffrey M. Freedman for the plaintiff. James A. Toomey for the defendant.

Appeal dismissed.

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Bluebook (online)

372 N.E.2d 1313, 6 Mass. App. Ct. 853, 1978 Mass. App. LEXIS 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stripinis-v-whitman-hanson-regional-district-school-committee-massappct-1978.

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