Mellor v. Berman, 390 Mass. 275 (1983)

Citation: Mellor v. Berman, 390 Mass. 275 (1983)
Parent Document: Mellor v. Berman, 390 Mass. 275 (1983)
Jurisdiction: Massachusetts (state)
Effective Date: 1983-10-03
Original Source: https://www.courtlistener.com/opinion/6575926/mellor-v-berman/ ↗

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In another landlord-tenant case involving similar multiple damages provisions for interference with a tenant’s quiet enjoyment of residential property, G. L. c. 186, § 14, we authorized attorney’s fees attributable to an appeal to be awarded by the trial judge on remand. Darmetko v. Boston Hous. Auth., supra at 765. General Laws c. 186, § 15B, like § 14, is silent as to the award of appellate attorney’s fees. General Laws c. 261, § 22, authorizes the allowance of costs of appeal in civil actions. See also Mass. R. A. P. 26 *284(a), as amended, 378 Mass. 925 (1979). General Laws c. 261, § 22, however, permits only the court or justice before whom such appeal is heard to allow the costs of the appeal to be awarded. Here, the Appeals Court was silent on the issue of both appellate attorney’s fees and appellate costs.

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