Legal Opinion

Myrick v. Appeals Court

Massachusetts Supreme Judicial Court

Decided January 29, 2019No. SJC 12402PublishedCited by 1 opinion

1Opinion of the Court

RESCRIPT

The real party in interest, Harvard University, which was the defendant in the Superior Court action, was not named in the petition in the county court. This was apparently intended to enable Myrick to file a belated application for further appellate review.

Both in his brief and in his petition, Myrick suggests repeatedly that the doctrine of present execution has been violated in this matter. The doctrine of present execution authorizes appellate review of interlocutory orders of the trial court in certain narrowly limited circumstances, see, e.g., Patel v. Martin , 481 Mass. 29 ,…

2Cases cited8 opinions

  1. Rines v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1953
  2. Callahan v. Superior CourtMassachusetts Supreme Judicial Court · 1991
  3. Simmons v. Clerk-Magistrate of the Boston Division of the Housing Court DepartmentMassachusetts Supreme Judicial Court · 2006
  4. Murray v. CommonwealthMassachusetts Supreme Judicial Court · 2006
  5. Patel v. MartinMassachusetts Supreme Judicial Court · 2018

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3Cited by1 opinion

  1. Chawla v. Appeals CourtMassachusetts Supreme Judicial Court · 2019

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