Mieth v. C.L.A.S., Inc.

In our decision in Mieth v. C.L.A.S, d/b/a City Line, et als., (Mieth I), 2001 Mass. App. Div. 75, issued May 14, 2001, we affirmed the trial judge’s non-categorical assessment of damages after summary judgment on Counts I and III of a six count complaint filed January 5, 1999 against City Line.1 On June 8, 2001, City Line filed a Notice of Appeal to the Appeals Court. On June 18, 2001, Mieth moved to dismiss the appeal. The judge dismissed the appeal September 11, 2001, and City Line appealed that dismissal to this division on September 17, 2001. The matter came on for hearing in this…