Legal Opinion

Franchi Management Co., Inc. v. Flaherty

Massachusetts Appeals Court

Decided June 21, 2018No. AC 17-P-275PublishedCited by 1 opinion

1Opinion of the CourtWendlandt, J.

*419 In this case, we address the timeliness of a notice of appeal from a final judgment that was corrected twice: first, sua sponte to fix a clerical error in the calculation of prejudgment interest, and second, on a motion pursuant to Mass.R.Civ.P. 60(a), 365 Mass. 828 (1974), to correct an additional error in that same calculation. Because neither the sua sponte correction of a clerical error nor the filing (as here) of a rule 60(a) motion beyond ten days from entry of the original judgment has the effect of restarting the time for appeal from that judgment under Mass.R.A.P. 4(a), as amended,…

2Cases cited9 opinions

  1. Federal Trade Commission v. Minneapolis-Honeywell Regulator Co.Supreme Court of the United States · 1952
  2. Pentucket Manor Chronic Hospital, Inc. v. Rate Setting CommissionMassachusetts Supreme Judicial Court · 1985
  3. Chavoor v. LewisMassachusetts Supreme Judicial Court · 1981
  4. Migda Rodriguez-Antuna v. Chase Manhattan Bank CorporationCourt of Appeals for the First Circuit · 1989
  5. Bernier v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1980

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Fish v. Accidental Auto Body, Inc.Massachusetts Appeals Court · 2019

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API