Massachusetts Interlocutory Appeals
Typically a party is not permitted to appeal a decision of the Trial Court until a final decision is reached. Once that final decision is reached then an appeal may be taken for the entire case. An interlocutory appeal is the exception to that rule.
Interlocutory appeals are permitted under on various grounds, for example, the Doctrine of Present Execution.
The Doctrine of Present Execution
The Doctrine of Present Execution is a limited exception to the finality rule which permits immediate appeal of an interlocutory order if the order will interfere with a litigant's rights in a way that cannot be remedied on appeal from the final judgment, and involves issues collateral to any remaining controversy.
For example, the denial of a Motion to Dismiss may result in an interlocutory appeal if the issue is a defendant's immunity from suit. One of the primary objectives of the Tort Claims Act is immunity from suit, the protection of public defendants from the disruption of litigation. Here, the immunity from suit would be dispositive of the case as a whole and collateral to the rest of the suit.
Issues that are "inextricably intertwined" with ultimate matters to be decided are not collateral and not appealable under Doctrine of Present Execution. Merely causing a party to be subjected to the delay and expense inherent in further litigation does not make such an order "effectively unreviewable."
What Qualifies for Interlocutory Review?
Finality does not hinge on the label that is placed on the judge's action. An interim order of the Trial Court can be a final order that is subject to interlocutory appeal.
Some examples of Trial Court interim orders subject to interlocutory appeal include the following:
- Appointment, and continuation, of a creditor's action;
- Allowance of a motion to vacate the appearance of contestants in probate matters;
- Appointment of a guardian ad litem in estate settlement proceedings;
- Dissolution of a partnership in an action for an accounting; and,
- Disqualification order conclusive of a party's right to counsel of his choice.
Should I Pursue an Interlocutory Appeal?
If you are asking the question then you likely require appellate analysis of the particular facts and circumstances involved. For example, generally speaking, discovery orders are not subject to interlocutory appeal. However, special circumstances may alter that analysis.
An interlocutory appeal is typically not appropriate when facing potential sanctions should discovery orders are not obeyed. Even if the sanctions are "outcome determinative," legal review of the sanctions and their ultimate effect upon the case is reviewable at the conclusion of the Trial Court action, not before. However, when the sanctions disposed of one or more claims for relief prior to final judgment, interlocutory review may be appropriate!
The nature of interlocutory appeals can be complex. Do not rely upon assumptions! Contact Appeals Attorney William Driscoll for a consultation.
Other Appellate Single Justice Matters
In addition, certain other decisions are also eligible for an appellate single justice, such as:
- Indigency qualification (e.g., waiver of costs and fees)
- Impoundment orders
- Awards of attorney fees
- Bonds in summary process cases from the Superior Court and Housing Court
- Dismissal of a case from the Superior Court or District Court due to jurisdiction amounts
Finally, various rules of the appellate court permit single justice action on a number of issues, including:
- Motions for stays or for injunctions pending appeal
- Motions to extend time for filing the Notice of Appeal in the Trial Court
- Motions to allow the late docketing of an appeal in the Appeals Court
- Procedural motions to assist the appellate process (e.g., extend time for filing briefs, filing supplemental appendices, scheduling, etc.).
Although a high burden is present, it is attainable under the proper circumstances. As a result, the preferred course of action is to contact Attorney Driscoll directly to discuss the issue. You may be eligible for relief under this, or another, course of action.