Legal Opinion

Tamber v. Desrochers

Massachusetts Appeals Court

Decided July 24, 1998No. 96-P-1748PublishedCited by 12 opinions

1Opinion of the CourtKass, J.

In the aftermath of Ford v. Braman, 30 Mass. App. Ct. 968, 970 (1991), in which we held that the only avenue of review of a decision setting a summary process appeal bond is to a full appellate panel, we consider the scope of that review and what minimal findings or explanations, if any, must be made in the District Court and the Superior Court in support of a determination that the defenses raised by the appealing party are frivolous. The statute that we examine is G. L. c. 239, § 5. *235We decide that the record does not support a conclusion that the tenants’ appeal was frivolous and reverse…

2Cases cited17 opinions

  1. Borman v. BormanMassachusetts Supreme Judicial Court · 1979
  2. Farley v. SpragueMassachusetts Supreme Judicial Court · 1978
  3. Avery v. SteeleMassachusetts Supreme Judicial Court · 1993
  4. Hawthorne's, Inc. v. Warrenton Realty, Inc.Massachusetts Supreme Judicial Court · 1993
  5. Allen v. BatchelderMassachusetts Appeals Court · 1984

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3Cited by12 opinions

  1. In re an Appeal BondMassachusetts Supreme Judicial Court · 1998
  2. Cambridge Housing Authority v. WedgeMassachusetts District Court, Appellate Division · 2000
  3. Bollen v. Camp KingsmontMassachusetts District Court, Appellate Division · 2000
  4. Lindquist v. Garrett Auctioneers, Inc.Massachusetts District Court, Appellate Division · 1999
  5. Erickson v. SomersMassachusetts Supreme Judicial Court · 2006

7 more not listed; retrieve them via the Exa API.

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