Gouin v. Gouin

*1004We now turn to the petitioner’s request for relief in the nature of mandamus. Rule 2:21 applies when “a single justice denies relief from a challenged interlocutory ruling in the trial court.” The rule, therefore, does not apply to the petitioner’s appeal from the single justice’s denial of the request for a writ of mandamus.

Nevertheless, if we were to rule on the single justice’s decision that the petitioner is not entitled to relief in the nature of mandamus, we would conclude that the single justice did not abuse his discretion. See Forte v. Commonwealth, 429 Mass. 1019, 1020 (1999). The…