Petition for Writ of Certiorari — Janice Stevenson, Petitioner v. TND Homes I LLC

Pet. App. 1

APPENDIX

Pet. App. 2

Al: Massachusetts Supreme Court Judgment

Pet. App. 3

ffl JANICE STEVENSON INote 11 vs. TND

HOMES I LLC.

482 Mass. 1006

April 22, 2019

Records And Briefs:

(1). SJC-12581 01 Appellant Stevenson Brief

SJC-12581

Practice, Civil, Action in nature of certiorari.

The plaintiff, Janice Stevenson, appeals from a judgment of a single justice of this

court denying her complaint for relief in the nature of certiorari pursuant to G. L. c.

249, § 4. We affirm.

As best we can discern from the record, which is sparse and unclear, Stevenson

was the defendant in a summary process action in the Eastern Division of the

Housing Court Department. According to Stevenson, she is a "low income housing

tax credit" tenant and, as such, has a right to enforce a "recorded restrictive

covenant." She appears to be arguing that the Housing Court does not have

jurisdiction to address the enforcement of the alleged covenant and, thus, that any

eviction that resulted from a summary process action in that context and in that

court is not valid. The single justice denied relief without a hearing.

Certiorari review is designed to "correct errors in proceedings which are not. . .

otherwise reviewable by motion or by appeal" (emphasis added). G. L. c. 249, § 4.

Stevenson has failed to carry her burden to demonstrate that her claims were not

otherwise reviewable. She could have sought review of her claims, including her

claim that the Housing Court did not have jurisdiction or failed to address the

jurisdictional issue, in a direct appeal to the Appeals Court from the Housing Court

judgment against her (see Rule 12 of the Uniform Summary Process Rules [2004])

or in an appropriate postjudgment motion in the trial court (see Rule ll[b] of the

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STEVE

8/18/2019

iJs^YsAMPridita ES I LLC, 482 Mass. 1006

Uniform Summary Process Rules [1980]). It was not appropriate to raise those

claims in a certiorari action commenced in this court. See Brown v. Federal Nat'l

Mtge. Ass'n, 481 Mass. 1036. 1037 (2019) (although subject matter jurisdiction

claims can be raised at any time,

Page 1007

this does not mean that such issues "can always be raised in every context and in

every forum"); Picciotto v. Appeals Court (No. 2), 457 Mass. 1002. 1002, cert,

denied, 562 U.S. 1044 (2010) (denying certiorari review where petitioners had

other adequate avenue for review).

The single justice did not err or abuse his discretion in denying relief under G. L. c.

249, § 4.

Judgment affirmed.

Janice Stevenson, pro se.

Scott D. Carman for the defendant.

FOOTNOTES

[Note 11 The plaintiff appears pro se and purports to represent both herself and

another individual. Although she of course may represent herself, she may not

represent another. See Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79. 82 (1988)

("person appearing pro se does not represent another"). To the extent that the

petitioner also seeks to represent all similarly situated individuals, the same holds

true.

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Pet. App. 5

A2: Massachusetts Appeals Court Judgment

Pet. App. 6

SUPREME JUDICIAL COURT

for Suffolk County

Case Docket

TND HOMES I LLC v. JANICE STEVENSON

THIS CASE CONTAINS IMPOUNDED MATERIAL OR PID

SJ-2018-0366

Case Status

Nature

Sub-Nature

TC Ruling

SJ Ruling

Pet Role Below

Lower Court

CASE HEADER

Status Date

Disposed: judgment after rescrpt

Entry Date

Certiorari c 249 s 4

Single

Justice

Lack of Jurisdiction

TC Ruling Date

TC Number

Full Ct Number

Defendant in lower court

Lower Ct Judge

Eastern Housing Court

05/21/2019

08/16/2018

K

04/13/2018

17H84SP004588; 17H84SP00

SJC-12581

Jeffrey M. Winik, J._________

ATTORNEY APPEARANCE

INVOLVED PARTY

Janice Stevenson

Defendant/Petitioner

Scott D. Carman, Esquire

TND Homes I LLC

Plaintiff/Respondent

Clerk - SJC for the Commonwealth

Clerk for Commonwealth

Janice Stevenson

Pro Se Defendant/Petitioner

DOCKET ENTRIES

Entry Date Paper Entry Text

Case entered.

08/16/2018

Affidavit

of Indigency & Request for Waiver, Substitution or State Payment of Fees & Costs pursuant

08/16/2018 #1

to G.L. c.261, S.27A-G filed by Janice Stevenson, pro se.

Petition For Writ Of Of Certiorari with Certificate of Service and Appendix filed by Janice Stevenson,

08/16/2018 #2

pro se.

Determination Regarding Fees & Costs by Clerk:ALLOWED FORTHWITH.

08/16/2018 #3

JUDGMENT:

... "This Court will not exercise its extraordinary power where relief is available through

08/16/2018 #4

the normal appellate process. (It also appears the petitioner has initiated an action in the Land Court.

See 18 MISC 000359.) Upon consideration, it is ORDERED that the petition is DENIED without

hearing." (Kafker, J.)

Notice to counsel/parties, regarding paper #4 filed.

08/16/2018 #5

Notice of Appeal with Certificate of Service filed by Janice Stevenson, pro se.

08/22/2018 #6

Notice of assembly of the record.

08/22/2018 #7

Notice to counsel/parties, regarding paper #'s 6 & 7 filed.

08/22/2018 #8

Notice of Address Change, filed with Certificate of Service, filed by Janice Stevenson, Pro Se.

10/01/2018 #9

Rescript: (April 22, 2019)... ORDERED, that the following entry be made in the docket; viz., 05/20/2019 #10

Judgment affirmed.

JUDGMENT after Rescript from the SJC for the Commonwealth.

05/21/2019 #11

Notice to counsel/parties, regarding paper #11 filed._______________________________ _

05/21/2019 #12

As of 05/21/2019 20:00

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