Finn v. McNeil

Before we consider the merits of this case, concerning an agreement for the purchase and sale of real property, it is necessary to dispose of a procedural question involving Mass.R.A.P. 4(a), as amended effective January 1, 1985, 393 Mass. 1239.

1. The Procedural Question.

As now in effect, rule 4 (a) extinguishes a notice of appeal from a judgment where the notice of appeal is filed prior to the disposition of a postjudgment motion under Mass.R.Civ.P. 50(b), 52(b) or 59, 365 Mass. 814, 817 & 827 (1974). See Anthony v. Anthony, 21 Mass. App. Ct. 299, 302 (1985); Blackburn v. Blackburn, 22 Mass.…