Reznik v. Mendes

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The Supreme Judicial Court affirmed the judgment of a single justice of the court denying Petitioner’s petition filed pursuant to Mass. Gen. Laws ch. 211, 3 seeking, inter alia, an order requiring the Appeals Court to accept his notice of appeal from its award of appellate attorney’s fees against him in the underlying litigation, holding that the single justice properly declined to exercise this court’s extraordinary power of general superintendence under the statute.Petitioner filed a civil complaint that was eventually dismissed because of, inter alia, Petitioner’s multiple violations of interim court orders. The Appellate Division dismissed Petitioner’s appeal for failure to comply with the appellate rules. The Appeals Court affirmed. Petitioner then purported to appeal as a matter of right from the Appeals Court’s award of fees and double costs. The Appeals Court struck the notice of appeal, concluding that Petitioner had no right to appeal pursuant to Mass. Gen. Laws ch. 231, 6G. The Supreme Judicial Court agreed, holding that Petitioner had no right to appeal pursuant to Mass. Gen. Laws ch. 231, 6G, and because he could have applied for further appellate review in the Supreme Judicial Court, the single justice properly declined to exercise this court’s extraordinary power of general superintendence. View "Reznik v. Mendes" on Justia Law