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
Original Source: https://www.courtlistener.com/opinion/6589791/taylor-v-beaudry/ ↗

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To the extent the dissent argues not merely for affirmance, but for vacatur of the judgment in favor of the plaintiff, the landlord has not in this proceeding asked for or claimed entitlement to this (or any other further) relief. The question of the propriety of that portion of the judgment is not before us. And indeed, this court is without power to vacate the judgment in favor of the tenant because, as the dissent acknowledges, the landlord has not filed a notice of appeal. It is blackletter law that in the absence of a cross appeal an appellee may not obtain a decree more favorable than the one issued below. See, e.g., Gray v. Chase, 184 Mass. 444, 452 (1903); Turgeon v. Turgeon, 330 Mass. 402, 409 (1953).8

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