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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This error in the commentary to the Uniform Rules of Summary Process is problematic, particularly because under Mass. R. App. P. 4 (a) (3), as appearing in 481 Mass. 1606 (2019), a "notice of appeal filed before the disposition of any timely motion listed in Rule 4(a)(2) shall have no effect." This means that if a party files a notice of appeal before his or her motion under Mass. R. Civ. P. 60 (b) is decided, that party must refile the notice of appeal within ten days of the judge's decision on the rule 60 (b) motion. See Mass. R. A. P. 4 (a) (3). A tenant who reads the commentary to Rule 11 of the Uniform Summary Process Rules could incorrectly believe, however, that motions under Mass. R. Civ. P. 60 (b) do not affect the timeline for an appeal. And if, as a result, that tenant fails to refile a notice of appeal within ten days of the postjudgment motion decision, an eviction order could issue. See Rule 13 & commentary of the Uniform Summary Process Rules (1980).

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