Legal Opinion

Femino v. Andreoli

Massachusetts District Court, Appellate Division

Decided November 18, 1993PublishedCited by 1 opinion

1Opinion of the CourtTierney, C.J.

This is an appeal by the defendants, Henry Andreoli and Joanne Andreoli, claiming to be aggrieved by the trial court’s findings and order in which the court entered judgment for the plaintiff in the amount of $125,000. More specifically, the defendants claim to be aggrieved by the court’s rulings on their Requests for Rulings numbers 4 and 5.

Although the requests numbered 4 and 5 are labelled as requests for rulings of law, they are actually requests for findings of fact. The nature of a request must be determined from its essentials and not from its name. Castano v. Leone, 278 Mass. 429, 431…

2Cases cited2 opinions

  1. Castano v. LeoneMassachusetts Supreme Judicial Court · 1932
  2. Stella v. CurtisMassachusetts Supreme Judicial Court · 1965

3Cited by1 opinion

  1. Nicolas v. John Hancock Mutual Life InsuranceMassachusetts District Court, Appellate Division · 1996

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