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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)

Citation
Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
Parent Document
Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
Jurisdiction
Massachusetts (state)
Effective Date
2012-07-09

Other Sections in This Document (67)

Full Text

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The tenant also seeks reversal of that portion of the judge’s order denying costs. The tenant is entitled to costs under the plain language of G. L. c. 186, § 15B(7). As he points out, had he chosen to seek damages under the small claims procedure, he would have been required to give up his right to appeal; it was the landlord who first sought damages in the small claims session and not the tenant. Whatever the scope of the discretion provided by G. L. c. 218, § 25 — and it has not been cited in an appellate decision since 1924 — it cannot be read in these circumstances to allow the trial judge to deny the costs specifically provided for by G. L. c. 186. Consequently, the judgment must also be modified on remand to add the tenant’s costs.