Nolan v. Weiner

We assume, without deciding, that the plaintiff, having filed on December 19, 1974, a notice of appeal from an order of December 9 denying her second motion under Mass.R.Civ.P. 60(b), 365 Mass. 828 (1974), for relief from a judgment of September 23 dismissing her action (but not having appealed from the judgment or from an order of November 22 denying her first, identical motion for such relief), is entitled to some form of appellate review. See Mass.R.A.P. 4, 365 Mass. 846 (1974). Compare Burnside v. Eastern Airlines, Inc. 519 F.2d 1127, 1128 (5th Cir. 1975). It is clear, however, that no…