Sterling v. Delmonico

The petitioner appeals from a judgment of a single justice of this court denying his request for relief pursuant to G. L. c. 211, § 3.1 The case is before us on the petitioner’s memorandum and appendix that he filed under S J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). We affirm.

On its face, rule 2:21 does not apply here because the trial court ruling that was the subject of the petitioner’s G. L. c. 211, § 3, petition — a judgment of dismissal of the petitioner’s civil action in the Superior Court — was not an interlocutory ruling. It is perfectly clear from the petitioner’s memorandum…