§ 8A

Citation: § 8A
Parent Document: Ferreira v. Charland (2023)
Jurisdiction: Massachusetts (state)
Effective Date: 2023-09-05
Original Source: https://www.courtlistener.com/opinion/9424522/ferreira-v-charland/ ↗

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23Justice Ditkoff observes that, were the landlord to
prevail in the second action, the tenant could retain possession
even longer by appealing from that judgment. See post
at         (Ditkoff, J., dissenting). But the disposition we
reach is consistent with the process contemplated by Meikle, 474
Mass. at 214, which we are of course bound to follow. Also, if
the tenant files such an appeal, the landlord could move to
expedite, in which event the unusual procedural history of this
case would bear on whether the motion should be allowed. See
Ott v. Boston Edison Co., 413 Mass. 680, 684 (1992) ("Our
appellate system has the capacity to move rapidly when
circumstances warrant . . ."). See also Rules 3 and 5 of the
Uniform Summary Process Rules (2021).

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