Marbro Hudston, Inc. v. All Pro Productions, Inc.

After entry of summary judgment against it, defendant All Pro Productions, Inc. (“All Pro”) appealed. The appeal was dismissed, however, upon the motion of plaintiff Marbro Hudston, Inc. (“Marbro Hudston”). All Pro has now appealed the dismissal of that appeal. We reverse the dismissal of the appeal. Further, having had the benefit of the fully briefed arguments of the parties regarding the underlying appeal, we also vacate the entry of summary judgment, and return the case to the trial court.

In September, 2004, Bluefin Properties, LLC (“Bluefin”) obtained a loan from Marlborough Savings Bank…