# Mulhern v. Roach

> Massachusetts Supreme Judicial Court · July 10, 1986 · 398 Mass. 18

URL: https://www.frixlaw.com/law-library/cases/9524585

## Case

- **Full name:** John F. Mulhern vs. Martin J. Roach
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** July 10, 1986
- **Citations:** 398 Mass. 18; 494 N.E.2d 1327; 1986 Mass. LEXIS 1392
- **Precedential status:** Published
- **Opinion:** Dissent by Wilkins
- **Judges:** Abrams, Hennessey, Liacos, Lynch, O'Connor, Wilkins
- **Cited by:** 50 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9524585

## Opinion text

Wilkins, J.
(dissenting). I agree with the opinion of the Appeals Court ordering a new trial. Mulhern v. Roach, 20 Mass. App. Ct. 322 (1985).
This case involves no new issue of law. The appellate function is essentially one of assessing a record to determine whether the judge’s findings and conclusions were warranted on the record. The Appeals Court concluded, with firm conviction, that a mistake had been made, id. at 331 , and it ordered a new trial. Any further review in this court simply involves us in second guessing the Appeals Court. Such a case particularly commends itself to the denial of any application for further appellate review.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9524585. Public record. Not legal advice.