The opinion
NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule
23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28,
as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties
and, therefore, may not fully address the facts of the case or the panel's
decisional rationale. Moreover, such decisions are not circulated to the entire
court and, therefore, represent only the views of the panel that decided the case.
A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25,
2008, may be cited for its persuasive value but, because of the limitations noted
above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260
n.4 (2008).
COMMONWEALTH OF MASSACHUSETTS
APPEALS COURT
23-P-529
CARE ONE MANAGEMENT, LLC
vs.
GLORIA BROWN.
MEMORANDUM AND ORDER PURSUANT TO RULE 23.0
The issue presented in this appeal is whether the defendant
has a right to appeal from an order entered by a single justice
of this court on February 17, 2023, denying her petition brought
pursuant to G. L. c. 231, § 118. She does not. The Supreme
Judicial Court has "stated on a number of occasions that there
is no right of appeal from the denial of a petition under the
first paragraph of § 118." McMenimen v. Passatempo, 452 Mass.
178, 189 (2008). Accordingly, the order entered by a different
single justice on March 22, 2023, striking the defendant's
notice of appeal from the order denying her petition is
affirmed.1
Order of the single justice
entered on March 22, 2023,
striking notice of appeal
affirmed.
By the Court (Vuono,
Hershfang & Toone, JJ.2),
Assistant Clerk
Entered: March 5, 2024.
1 The plaintiff's request for appellate attorney's fees and costs
is denied. The defendant's motion docketed on June 16, 2023 is
also denied.
2 The panelists are listed in order of seniority.
2