Adams v. Cumberland Farms, Inc.
| Decision Date | 21 July 1995 |
| Citation | 652 N.E.2d 143,420 Mass. 807 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | Cheryl ADAMS v. CUMBERLAND FARMS, INC., & others, (and a consolidated case 1 ). |
Stanley R. Cohen, Lynnfield, for plaintiffs.
Philip J. Moss, Portland, ME, for Cumberland Farms, Inc., & others.
Elisabeth J. Medvedow, Asst. Atty. Gen., for Dist. Atty. for Eastern District, & others.
Before LIACOS, C.J., and WILKINS, ABRAMS and O'CONNOR, JJ.
In each of these cases, which originally were commenced in the Superior Court, the plaintiffs filed an application in the Supreme Judicial Court for Suffolk County pursuant to G.L. c. 211, § 3. In the instant case, the application states that the plaintiff "make[s] application to the Single Justice pursuant to G.L. c. 211, § 3, for interlocutory review of an order [issued by a judge in the Superior Court] staying this action based on the order of the United States District Court for the District of New Jersey in Curley, et al. v. Cumberland Farms, Inc. et al. ... enjoining the further prosecution of this case." In the other case here on appeal, the application for G.L. c. 211, § 3, relief states that the plaintiffs "make application to the Single Justice pursuant to G.L. c. 211, Section 3 for interlocutory review of orders: 1) denying reconsideration of plaintiffs' motion to correct record on appeal and for Justice Volterra to recuse himself; 2) granting defendants' motion for Attorney Cohen to pay the defendants in Adams v. [Cumberland Farms, and others ] $2,767.90 by August 20, 1994; and 3) approving sanctions of $2,259.88 to be paid by Attorney Stanley R. Cohen, personally, by November 27, 1994 for filing a motion to correct the record on appeal which the trial court found to be unnecessary. Applicants further request that those orders and judgments in the cases listed above [the two cases in which these appeals are taken and a third case in the Superior Court for the county of Essex also entitled Cheryl Adams v. Cumberland Farms, Inc.], which were based on files which were incomplete and were issued without the court having access to all papers filed, be vacated." Both applications for relief under G.L. c. 211, § 3, were denied by a single justice of this court. The plaintiffs have appealed.
We affirm the single justice's orders. ...
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...Mass. 1019, 1019-1020, 672 N.E.2d 535 (1996). Matthews v. D'Arcy, 422 Mass. 1012, 664 N.E.2d 1193 (1996). Adams v. Cumberland Farms, Inc., 420 Mass. 807, 808, 652 N.E.2d 143 (1995). Citing Daveiga v. Boston Pub. Health Comm'n, 449 Mass. 434, 435 n. 2, 869 N.E.2d 586 (2007), McMenimen conten......
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...Orders requiring counsel to pay attorney's fees and sanctions are reviewable on appeal after final judgment. See Adams v. Cumberland Farms, Inc., 420 Mass. 807, 808 (1995) (order requiring plaintiff's counsel to pay attorney's fees by specified dates reviewable on 5 All references will be t......
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...Orders requiring counsel to pay attorney's fees and sanctions are reviewable on appeal after final judgment. See Adams v. Cumberland Farms, Inc., 420 Mass. 807, 808 (1995) (order requiring plaintiff's counsel to pay attorney's fees by specified dates reviewable on 5. All references will be ......