Legal Opinion

Compass Securities Corp. v. Kaplan

Massachusetts District Court, Appellate Division

Decided July 21, 2011Published

1Opinion of the CourtOstrach, J.

This is an appeal of the involuntary dismissal, upon payment of sub*195stantial costs, of a spin-off of a larger case still pending in the Superior Court Department As the Superior Court issued a G.L.c. 223, §2B order for the consolidation and transfer of this District Court action, the District Court’s rulings made subsequent to that order must be vacated, and the case must be returned to the District Court with instructions to transfer the case immediately to the Superior Court.

The procedural background of this appeal is a bit complex. In 2008, Harley Kaplan (“Kaplan”) and others sued Compass…

2Cases cited3 opinions

  1. Salter v. ScottMassachusetts Supreme Judicial Court · 1973
  2. Nautican Realty Co. v. Nantucket Shipyard, Inc.Massachusetts Appeals Court · 1989
  3. Salter v. ScottMassachusetts District Court, Appellate Division · 1972

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