Legal Opinion

Minkina v. Frankl

Massachusetts Supreme Judicial Court

Decided April 9, 2013PublishedCited by 3 opinions

1Opinion of the Court

The petitioner claims that she was entitled to have the single justice employ the court’s extraordinary power of general superintendence because the Superior Court judge’s rulings were an abuse of discretion, and that she was entitled to have the rulings corrected by the single justice immediately because otherwise she would be required to incur the cost of a trial and appeal to vindicate her claims. This demonstrates a fundamental misunderstanding of the general superintendence power.2 The court’s superintendence power is not a substitute for the ordinary process of trial and appeal.…

2Cases cited4 opinions

  1. McGuinness v. CommonwealthMassachusetts Supreme Judicial Court · 1995
  2. Foley v. Lowell Division of the District Court DepartmentMassachusetts Supreme Judicial Court · 1986
  3. McMenimen v. PassatempoMassachusetts Supreme Judicial Court · 2008
  4. Minkina v. FranklMassachusetts Supreme Judicial Court · 2010

3Cited by3 opinions

  1. Adams v. AdamsMassachusetts Supreme Judicial Court · 2013
  2. H.T. v. CommonwealthMassachusetts Supreme Judicial Court · 2013
  3. Minkina v. Rodgers, Powers & Schwartz, LLPMassachusetts Supreme Judicial Court · 2018

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