CARE ONE MANAGEMENT LLC v. BROWN (2024)

Appeals Court of Massachusetts.

CARE ONE MANAGEMENT, LLC v. Gloria BROWN.

23-P-529

Decided: March 05, 2024

By the Court (Vuono, Hershfang & Toone, JJ.1)

MEMORANDUM AND ORDER PURSUANT TO RULE 23.0

The issue presented in this appeal is whether the defendant has a right to appeal from an order entered by a single justice of this court on February 17, 2023, denying her petition brought pursuant to G. L. c. 231, § 118. She does not. The Supreme Judicial Court has “stated on a number of occasions that there is no right of appeal from the denial of a petition under the first paragraph of § 118.” McMenimen v. Passatempo, 452 Mass. 178, 189 (2008). Accordingly, the order entered by a different single justice on March 22, 2023, striking the defendant's notice of appeal from the order denying her petition is affirmed.²

Order of the single justice entered on March 22, 2023, striking notice of appeal affirmed.

FOOTNOTES

2. The plaintiff's request for appellate attorney's fees and costs is denied. The defendant's motion docketed on June 16, 2023 is also denied.

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