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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Neither appellate costs nor attorney’s fees for the appeal can be imposed by a trial court absent authorization by an appellate court or by virtue of a rule or statute. Mass. R. A. P. 26 (a). We, therefore, conclude that, in the absence of a directive by the Appeals Court, the Housing Court did not have the authority to award appellate attorney’s fees. A litigant must bear his own expenses except when the burden is mitigated by a statute. See Commissioner of Ins. v. Massachusetts Accident Co., 318 Mass. 238, 241 (1945). While G. L. c. 186, § 15B (7), provides for the award of attorney’s fees, that award must be limited to trial proceedings in circumstances where the Appeals Court has not directed otherwise. Cf. Darmetko v. Boston Hous. Auth., supra at 765.

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