Case law

Commonwealth v. DiGeronimo

38 Mass. App. Ct. 714 · Massachusetts Appeals Court · Jul 13, 1995

The judge’s finding in that respect was clearly erroneous. … The issue is presumably one that must be determined on the basis of qualified expert testimony rather than lay opinion. Cf. Commonwealth v. Connolly, 394 Mass. 169, 175 (1985); Commonwealth v.

KENNETH MACDONALD & Another v. KRISTEN KAZOKAS & Another.

Massachusetts Appeals Court · Nov 22, 2023

The board offered no procedural shortcuts and made no promises. 7 Certiorari is "available to persons, including abutters, who can establish 'injury to a protected legal interest.'" Walpole Country Club v. … In our view, it was not unreasonable for the board to suggest that if the property had qualified in 2014, it was likely to qualify in 2018.9 Further, to be sure, the board expressed sympathy for Kazokas because her

Brewster Wallcovering Co. v. Blue Mountain Wallcoverings, Inc.

68 Mass. App. Ct. 582 · Massachusetts Appeals Court · Apr 6, 2007

Even if it could be inferred from the judge’s quoted comment that she independently adopted the jury’s c. 93A finding as her own, Blue Mountain could not successfully challenge the judge’s action thereon as clearly erroneous … Blue Mountain argues on appeal that Kampner did not qualify as an expert in the field. However, this objection was not made at trial and fails in any event. See Rombola v.

Retirement Board v. Contributory Retirement Appeal Board

36 Mass. App. Ct. 99 · Massachusetts Appeals Court · Feb 28, 1994

Christie, 342 Mass. 402, 406 (1961), but rather only to “exercise the care and skill of the average qualified practitioner [or specialist].” Simmons v. Yurchak, 28 Mass. App. Ct. 371, 377 (1990). … The panel’s May, 1986, letter contained the word “worth” rather than “risk,” but the latter was clearly intended because the statement was specifically responding to the board’s inquiry as to the risks of the recommended

Hastings Associates, Inc. v. Local 369 Building Fund, Inc.

42 Mass. App. Ct. 162 · Massachusetts Appeals Court · Jan 31, 1997

Section 23 of c. 138 provides, in pertinent part: “Any license under this chapter held by an individual, partnership, or corporation may be transferred to any individual, partnership or corporation qualified to receive such … These findings are supported by evidence which the judge properly could have credited and are not clearly erroneous. Mass.R.Civ.P. 52(a), 365 Mass. 816 (1974). See Turnpike Motors, Inc. v.

Commonwealth v. DeJesus

Massachusetts Appeals Court · Mar 1, 2021

The defendant moved for a required finding of not guilty on all counts at the close of the Commonwealth's case, arguing that the evidence was insufficient to allow the jury to find that the gun at issue qualified as a … Because the evidence was sufficient to establish the defendant's possession of the firearm at issue and defendant "carrie[d] [the firearm] on his person" has been eliminated. Commonwealth v. Duncan, 71 Mass. App.

In re Macmackin Nominee Realty Trust

95 Mass. App. Ct. 144 · Massachusetts Appeals Court · Apr 10, 2019

Under the terms of his will, Stuart established a testamentary trust and devised to this trust the cottages and vacant lots. … "We do, of course, defer to a trial judge's findings of fact where he has had the opportunity to observe and evaluate witnesses," unless the findings are clearly erroneous. General Dynamics Corp . v.

A.C. v. W.J.

Massachusetts Appeals Court · Aug 28, 2023

Ct. 532, 536 (2015). 5 A.C. testified that the caller from an unknown number not only identified herself as W.J., but also sounded as if she was her. 3 threat, if credited, 6 is clearly … This leaves us to consider the question at the heart of this appeal: whether acts of harassment directed at A.C. by third parties in these circumstances can be attributed to W.J. to establish a third qualifying act within

HAMPDEN-WILBRAHAM REGIONAL SCHOOL DISTRICT & Others v. MASSACHUSETTS INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC. (And Three Companion Cases).

Massachusetts Appeals Court · Mar 25, 2026

The injunctions did not impact any teams from qualifying (or not qualifying) for the 2024 Statewide tournaments. … and duties in the contract. 12The plaintiffs argue that the judges were correct in allowing the preliminary injunction in view of one judge's finding that "the process for school sports schedule submission must be clearly

Hanover Insurance v. Sutton

46 Mass. App. Ct. 153 · Massachusetts Appeals Court · Jan 15, 1999

Sutton envisioned establishing a business enterprise to link local insurance companies. … At trial, the judge, following voir dire, excluded opinion evidence on value offered by one of Hanover’s witnesses, Theodore Rupley, because he was deemed not qualified, either as an expert or in his capacity as Hanover’s

Commonwealth v. Henry

37 Mass. App. Ct. 429 · Massachusetts Appeals Court · Oct 7, 1994

The defendant argues that without the qualifying statement that he was “not guilty of anything,” the statement that he was afraid suggested that he was afraid because he was guilty. … Ct. 114, 116 (1986)(“[i]nherent in the right to present written requests for instructions and to *436 rulings thereon ... is the duty to bring the requests clearly to the judge’s attention”).

Commonwealth v. Lawton

82 Mass. App. Ct. 528 · Massachusetts Appeals Court · Oct 3, 2012

The Commonwealth’s evidence was more than sufficient to establish that the defendant, on at least three occasions, put his tongue inside the victim’s anus. … Counsel’s choice was clearly a matter of strategy and not manifestly unreasonable. See Commonwealth v. Martin, 427 Mass. 816, 822 (1998).

Commonwealth v. Kobrin

72 Mass. App. Ct. 589 · Massachusetts Appeals Court · Sep 12, 2008

As mentioned, many of his patients presented with psychiatric illnesses as well as substance abuse issues and qualified for benefits under the Medicare and Medicaid programs. … The tenant psychologist Greene, an immunized witness, was called by the Commonwealth.

Bank of America, N.A. v. Prestige Imports, Inc.

89 Mass. App. Ct. 741 · Massachusetts Appeals Court · Jul 20, 2016

"Upon appeal, we accept a trial judge's findings of fact unless they are 'clearly erroneous,' and do not review questions of fact if any reasonable view of the evidence and the rational inferences to be drawn therefrom … However, "an attorney must establish a substantive contractual or quantum meruit basis to recover fees from the client as a prerequisite to filing a lien [under G. L. c. 221, § 50]." Boswell v.

ADOPTION OF FARRELL (And a Companion Case).

Massachusetts Appeals Court · Aug 8, 2024

We agree that the finding that he had a criminal history was clearly erroneous. … The mother's mental health conditions qualify her for Social Security disability income, which, around the time of trial, she supplemented with earnings from two supervisory retail positions.

Commonwealth v. Knowles

92 Mass. App. Ct. 617 · Massachusetts Appeals Court · Nov 3, 2017

He then "stood up under his own power" and began to speak clearly to the officers, asking them why he was being handcuffed. … The statements did not qualify as *624 prior inconsistent statements because the witness denied having made them, and no competent witness was available to prove them as extrinsic evidence. See Mass. G.

In the Matter of Carson

6 Mass. App. Ct. 665 · Massachusetts Appeals Court · Nov 16, 1978

In the circumstances we give due weight to the findings of the judge, which will not be reversed unless clearly erroneous; but we may find facts in addition to those found by him. Steranko v. Inforex, Inc., 5 Mass. App. … The term "best interests" of the child does not mean that two sets of parents are compared to determine which is "better" qualified economically, morally, intellectually, etc., to raise the child. Id. at 639-640 .

Blue View Construction, Inc. v. Town of Franklin

70 Mass. App. Ct. 345 · Massachusetts Appeals Court · Oct 3, 2007

L. c. 41, §§ 81W and 81DD, applicable, Blue View has not established a right to recover. Under § 81W, second par., a modification, amendment, or rescission must “affect the lots” in the previously approved subdivision. … We observe as well that, even if general estoppel principles applied to the creation of easements, Blue View still would not qualify for relief on this record.

In the Matter of E.C.

Massachusetts Appeals Court · Aug 3, 2016

Thus, the Legislature clearly contemplated circumstances where a patient's commitment could continue after the dismissal of criminal charges. Similarly, G. … The Appellate Division's view of who qualified as a patient was too narrow. Pursuant to G.

Reilly v. Hopedale

Massachusetts Appeals Court · Mar 7, 2023

The judge reasoned that, 13Through its request for declaratory judgment, the town sought to establish that the July 9 notice of intent complied with G. … landowners can agree to preserve and maintain forest land in order to receive advantageous tax treatment, in exchange for which the town receives certain rights should the land be transferred or otherwise fail to continue to qualify