Fijal v. Anderson

The plaintiff, by electing to file his contract claim against the defendant under the small claims procedure in a District Court, waived, by the express terms of G. L. c. 218, § 23, second par., his right to a jury trial and to any appeal from any adverse ruling to the District Court jury-of-six session; and by the terms of § 23, tenth par., any right to a report to the appellate division of the District Court department. He implicitly waived any right of appeal to the Appeals Court because this court generally has jurisdiction over District Court civil appeals only from final decisions of an…