Legal Opinion

Bertone v. Alperin

Massachusetts District Court, Appellate Division

Decided June 13, 2000Published

1Opinion of the CourtWelsh, J.

The defendant appeals the denial of his motion to waive appeal bond in a summary process action entered in the Stoughton Division.

This case was tried pursuant to St. 1996, c. 358, “An Act Establishing A One Trial System in Norfolk & Middlesex Counties.” While the new one trial system *162prevailing in Norfolk and Middlesex counties does not specifically provide for a bond (or deposit in lieu of bond) to secure a judgment for back rent or other damages for rent which might accrue during the appeal process, it would be anomalous to construe the statute so as to eliminate a well-established…

2Cases cited4 opinions

  1. Residence Inn By Marriott, Inc. v. FlavelMassachusetts District Court, Appellate Division · 1998
  2. Kargman v. DustinMassachusetts Appeals Court · 1977
  3. Tamber v. DesrochersMassachusetts Appeals Court · 1998
  4. Commonwealth v. KatsirubisMassachusetts Appeals Court · 1998

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