Healy v. Barnes

This appeal raises the issue of whether the trial judge erred in not allowing plaintiff’s motion to dismiss the defendant’s appeal where the defendant did not list an issue of law that was properly raised in the trial court and preserved for appellate review.

We find there was error

This was a summary process action. The plaintiff sought to regain possession of the apartment and sought damages. The defendant filed a counterclaim. At trial the plaintiff submitted evidence to the court, both testimonial and documentary, regarding the terms of the defendant’s tenancy, the pending sale of the…