Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)

Citation: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019) 6.
Parent Document: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-04-10
Original Source: https://www.courtlistener.com/opinion/7178223/adjartey-v-cent-div-of-the-hous... ↗

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6. Appeal. After a court issues its decision, the parties have ten days to file a notice of appeal. G. L. c. 239, § 5 (a ). Our courts have "required strict adherence to the short period for claiming an appeal prescribed by G. L. c. 239, § 5," explaining that the "process provided for in [G. L. c. 239] is designed, after all, to be summary." Kobayashi v. Orion Ventures, Inc., 42 Mass. App. Ct. 492, 504-505, 678 N.E.2d 180 (1997). If, however, a party files certain postjudgment motions (i.e., a motion for judgment notwithstanding the verdict, Mass. R. Civ. P. 50 [b], as amended, 428 Mass. 1402 [1998]; motion to alter or amend findings, Mass. R. Civ. P. 52 [b], as amended, 423 Mass. 1402 [1996]; motion to alter or amend a judgment, Mass. R. Civ. P. 59 [e], 365 Mass. 827 [1974]; motion for a new trial, Mass. R. Civ. P. 59, 365 Mass. 827 [1974]; or motion for relief from judgment, Mass. R. Civ. P. 60 [b], 365 Mass. 828 [1974] ) within the ten-day period for appeal, the ten-day deadline to file a notice of appeal starts anew on the day that the postjudgment motion is decided.20 See *323Mass. R. A. P. 4 (a) (2), as appearing in 481 Mass. 1606 (2019); Manzaro v. McCann, 401 Mass. 880, 882, 519 N.E.2d 1337 (1988). An **858eviction order (execution), described in part 7, infra, may not issue until the expiration of the ten-day period for appeal. See G. L. c. 239, § 5 (a ).

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