Case law

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

ADOPTION OF TONI (And Two Companion Cases).

Massachusetts Appeals Court · Mar 20, 2025

The mother argues that the judge abused his discretion by qualifying what she described as an undisclosed expert witness who testified for the department. … The mother challenges multiple findings and conclusions as clearly erroneous and argues that the ensuing conclusion that she is unfit was not supported by clear and convincing evidence.

Pfannenstiehl v. Pfannenstiehl

88 Mass. App. Ct. 121 · Massachusetts Appeals Court · Aug 27, 2015

The 2004 trust is an irrevocable spendthrift trust that was established by the husband's father. … In short, the husband's interest in the 2004 trust stands on different footing from a party's interest in cases where interests are more clearly fixed and certain. Compare Lauricella v.

Commonwealth v. Grayson

Massachusetts Appeals Court · Dec 20, 2019

The defendant challenges the sufficiency of the evidence underlying each of his three convictions.6 We 5 The examiner qualified this answer by adding, "[u]unless you look down the barrel which is always a bad thing … This case also lacks any evidence that the simple reason: the firearm in question [was] a revolver and, as such, the bullets in the cylinder were clearly visible." Id. at 90.

Targus Group International, Inc. v. Sherman

76 Mass. App. Ct. 421 · Massachusetts Appeals Court · Mar 5, 2010

A dispute over a writing clearly stating the rights and duties of the parties becomes especially suitable for summary decision. See USTrust v. Henley & Warren Mgmt., Inc., 40 Mass. App. Ct. 337, 341-343 (1996). 2. … The AIR established no interest rates in the event of breach.

Commonwealth v. Swain

36 Mass. App. Ct. 433 · Massachusetts Appeals Court · May 2, 1994

Johnson, supra at 215 , no absolute time limits for such testimony have been established. Commonwealth v. Dockham, supra at 625 . … Notwithstanding the theoretical right of a qualified fresh complaint witness also to testify to the general characteristics of sexually abused children, Commonwealth v. O’Brien, 35 Mass. App.

Vittands v. Sudduth

49 Mass. App. Ct. 401 · Massachusetts Appeals Court · Jun 15, 2000

The judge denied the neighbors’ special motion to dismiss, holding that Sudduth had met her statutory burden of establishing that the neighbors’ complaint was devoid of factual or legal merit. … L. c. 231, § 59H, which was enacted in 1994, was designed to immunize parties from claims based on their petitioning activities by allowing a party to file a special motion to dismiss.

JRY CORP. v. LeRoux

18 Mass. App. Ct. 153 · Massachusetts Appeals Court · May 30, 1984

Thus, if they produce conflict when both are read as unconditional statements but consistency when one is read as qualifying the other, the latter reading, if otherwise reasonable, would be favored.” Kates v. St. … The letter clearly does not create a binding purchase and sale agreement since several important terms are left to future agreement.

Commonwealth v. Santiago

30 Mass. App. Ct. 207 · Massachusetts Appeals Court · Mar 8, 1991

Unless the package was opened in conformity with a written State police inventory policy, or the container’s distinctive appearance clearly announced its contents, in the absence of either a search warrant or probable cause … Bernier’s presence and his association with Santiago and Munoz are established.

JOHN WHITTIER & Others v. PLANNING BOARD OF IPSWICH & Another.

Massachusetts Appeals Court · Oct 22, 2024

Thus, when reviewing a judgment dismissing a plaintiff's complaint for lack of standing, "the judge's findings of fact will not be set aside unless they are clearly erroneous or there is no evidence to support them" ( … "It is well established . . . that diminution in [property] value itself is not an interest protected under G.

Gossels v. Fleet National Bank

69 Mass. App. Ct. 797 · Massachusetts Appeals Court · Aug 22, 2007

“Unless a contrary intent clearly appears and before the time that a settlement given by a collecting bank for an item is or becomes final, the bank, with respect to the item, is an agent or subagent of the owner of the item … “Although whether a particular set of acts, in their factual setting, is unfair or deceptive is a question of fact, ... the boundaries of what may qualify for consideration as a c. 93A violation is a question of law.”

Commonwealth v. Montanez

55 Mass. App. Ct. 132 · Massachusetts Appeals Court · Jun 12, 2002

So viewed, all of this factual development establishes that the “tip [was] rehable in its assertion of illegality.” Florida v. J.L. 529 U.S. at 272 . B. … The defendant’s brief challenges that finding as clearly erroneous and not supported by the evidence.

Commonwealth v. Buswell

83 Mass. App. Ct. 1 · Massachusetts Appeals Court · Dec 12, 2012

The defendant was clearly acting with intent to commit the predicate sex offenses and was proceeding in furtherance of a formulated plan to have intercourse with the child that night. … earlier sexually explicit Internet communications with three other young girls and the Webcam discovered in the second computer search were not sufficiently similar to the crimes for which the defendant was on trial to qualify

Fazio v. Fazio

Massachusetts Appeals Court · Feb 24, 2017

See id. at 5-6 (denial of request for SCRA stay of child custody hearing affirmed where servicemember's request did not state when he would be available to appear and lacked statement from commanding officer establishing … The judge clearly possessed the power to issue temporary child support orders during the pendency of the divorce action. See G. L. c. 208, § 19; Diver v. Diver, 402 Mass. 599, 602 (1988).

Rubin v. Murray

79 Mass. App. Ct. 64 · Massachusetts Appeals Court · Mar 16, 2011

As such, its resolution is subject to review under the clearly erroneous standard. See generally Demoulas v. … Gordon was qualified as an expert, without objection, on the subject of fair owner compensation in closely held businesses.

COMMONWEALTH v. HELLEN KIAGO (and nine companion cases ).

101 Mass. App. Ct. 717 · Massachusetts Appeals Court · Sep 20, 2022

The defendants have not shown how the judge's findings with respect to the reliability issues were clearly erroneous, see Commonwealth v. … I don't consider it to be inflammatory or even remotely as accusatory as [the defendants are] characterizing it in this hearing, and I think it is clearly relevant to what Ms.

GUY MADDALONE & Another v. BOARD OF APPEALS OF NANTUCKET & Another.

Massachusetts Appeals Court · Mar 9, 2026

"On appellate review, we defer to the factual findings of the trial judge unless they are clearly erroneous. … Based on our review of the record, we conclude that this finding was not clearly erroneous. Judgment affirmed.

Fyffe v. Massachusetts Bay Transportation Authority

86 Mass. App. Ct. 457 · Massachusetts Appeals Court · Oct 6, 2014

(1) The trial was clearly focused solely on the issue of damages -- the stipulation to liability was emphasized to the jury throughout the trial. … (5) The defendants' tactical decision to call the plaintiff's Delta Airlines supervisor to the stand clearly backfired.

Haas v. Commissioner of Correction

Massachusetts Appeals Court · Jul 17, 2023

However, the limits of such discretion are established by the rules and regulations promulgated by the Department of Correction. … Rate Setting Comm'n, 371 Mass. 705, 708 n.9 (1977) (agency "letter" or "bulletin" might also qualify as regulation).

BLAS REYNOSO v. ASHWANI RATHOR & Another.

Massachusetts Appeals Court · Jul 29, 2025

First, the evidence at trial established that the plaintiff communicated with and did business with the defendants in English. See Crivello v. All-Pak Mach. … Sadowsky, 431 Mass. 748, 750-751 (2000) ("[a] party objecting to the inclusion or exclusion of an instruction must . . . clearly bring the objection and the grounds for it to the attention of the judge"); Jarry v.