DIN DAYAL v. MOORE REAL ESTATE TRUST (2008)

 Indralakshmi Din-Dayal appeals from a judgment of the county court denying her petition for relief under G.L. c. 211, § 3.¹ We dismiss the appeal as moot.

Din-Dayal was the defendant in a summary process proceeding in the District Court.   She asserted counterclaims against the plaintiff (landlord) and moved for an attachment, seeking pretrial security for any money judgment in her favor.   A judge denied her motion for an attachment.   Din-Dayal's G.L. c. 211, § 3, petition sought relief from that denial.   The landlord has since prevailed on its claim for possession and on Din-Dayal's counterclaims, and the appellate process has been exhausted.  Moore Real Estate Trust v. Din-Dayal, 69 Mass.App.Ct. 1116, 2007 WL 2302465, S.C., 449 Mass. 1113, 874 N.E.2d 407 (2007).   Because Din-Dayal has not prevailed on any of her claims, her pretrial request for an attachment is moot.

Appeal dismissed.

The case was submitted on briefs.

FOOTNOTES

1.   We authorized this appeal to proceed after Din-Dayal filed a memorandum and appendix pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001).

RESCRIPT.