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)
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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The commentary to Rule 11 of the Uniform Summary Process Rules (1980) incorrectly states that "the running of time for appeal in summary process actions is not affected by the filing of a motion under Rule 60." While this statement of law was accurate when rule 11 became effective in 1980, it fails to capture a 2013 amendment to Mass. R. A. P. 4 (a), which added motions for relief from judgment under Mass. R. Civ. P. 60, 365 Mass. 828 (1974), to the list of motions that reset the time for appeal. Compare Mass. R. A. P. 4 (a), as amended, 464 Mass. 1601 (2013) (including "relief from judgment under Rule 60" among motions resetting time for appeal) with Mass. R. A. P. 4 (a), as amended, 430 Mass. 1603 (1999) (excluding Mass. R. Civ. P. 60 from list of covered motions). Rule 4 (a) was amended again in 2019, and the amended version continues to include motions for relief from judgment under Mass. R. Civ. P. 60. See Mass. R. A. P. 4 (a) (2), as appearing in 481 Mass. 1606 (2019).

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