Legal Opinion

RASHID JAHM v. MALL AT LIBERTY TREE, LLC.

Massachusetts Appeals Court

Decided July 13, 2022Published

1Opinion of the Court

JAHM vs. MALL AT LIBERTY TREE, LLC., 101 Mass. App. Ct. 901

RASHID JAHM vs. MALL AT LIBERTY TREE, LLC.

101 Mass. App. Ct. 901

July 13, 2022

No. 21-P-642.

Practice, Civil, Dismissal of appeal. Rules of Appellate Procedure.

The plaintiff appeals from a Superior Court "judgment," that ordered his initial notice of appeal dismissed. The apparent basis for dismissing the appeal was that the plaintiff had voluntarily dismissed his underlying negligence claim midtrial, and that because the dismissal was voluntary, the dismissal was not appealable. However, the Massachusetts Rules of Appellate Procedure…

2Cases cited3 opinions

  1. Microsoft Corp. v. BakerSupreme Court of the United States · 2017
  2. Erin Keena v. Groupon, Inc.Court of Appeals for the Fourth Circuit · 2018
  3. Rudders v. Building Commissioner of BarnstableMassachusetts Appeals Court · 2001

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