Koonce v. Aldo Realty Trust

Once again we are confronted with a case in which no judgment was ever entered as required by Mass.R.Civ.P. 58(a), as amended, 371 Mass. 908 (1976), and the appellate procedure is, therefore, premature. Under such circumstances we are constrained to dismiss the appeal. Tisei v. Building Inspector of Marlborough, 5 Mass. App. Ct. 328, 330 (1977). Levy v. Bendetson, 6 Mass. App. Ct. 558, 558-562 (1978). Harrow v. Board of Appeals of Pittsfield, 7 Mass. App. Ct. 937 (1979) Smith & Zobel, Rules Practice §§ 58.5, 58.6 (1977).

Because the case has been briefed and argued we will express our views,…