Callahan v. Superior Court
| Decision Date | 07 May 1991 |
| Citation | 410 Mass. 1001,570 N.E.2d 1003 |
| Parties | . Supreme Judicial Court of Massachusetts, Suffolk |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Elaine M. Callahan, pro se.
Richard M. Brunell, Asst. Atty. Gen., for respondent.
Before LIACOS, C.J., and WILKINS, NOLAN, LYNCH and O'CONNOR, JJ.
RESCRIPT.
In February, 1989, Elaine M. Callahan (petitioner) brought an action in Superior Court seeking dissolution of a partnership. Trial was scheduled for May, 1990. In April, 1990, the petitioner brought a complaint seeking relief in the nature of mandamus before a single justice of this court naming the assigned judge as the respondent. The complaint requested, inter alia, that an injunction granted against the petitioner be lifted, that an impoundment order be vacated, and that judgment in the matter before the Superior Court be entered in her favor. The respondent filed a motion to dismiss, which was granted by the single justice. The petitioner appeals from the judgment of the single justice.
It is well settled that relief in the nature of mandamus is extraordinary and may be granted only to prevent a failure of justice in instances where there is no alternative remedy. Lutheran Serv. Ass'n of New England, Inc. v. Metropolitan Dist. Comm'n, 397 Mass. 341, 344, 491 N.E.2d 255 (1986). Coach & Six Restaurant, Inc. v. Public Works Comm'n, 363 Mass. 643, 644, 296 N.E.2d 501 (1973). The writ of mandamus is the appropriate remedy to compel a judicial officer to decide a case when he or she has refused to act on the mistaken assumption that jurisdiction is lacking. Mengel v. Justices of the Superior Court, 313 Mass. 238, 243, 47 N.E.2d 3 (1943). The petitioner here is seeking an order which would reverse the interlocutory decisions made by the respondent. We have stated, however, that mandamus will not issue to direct a judicial officer to make a particular decision or to review, or reverse, a decision made by a judicial officer on an issue properly before him or her. Id. at 244, 47 N.E.2d 3. Crocker v. Justices of the Superior Court, 208 Mass. 162, 164, 94 N.E. 369 (1911). The petitioner has an alternative remedy, namely to appeal the interlocutory orders under G.L. c. 231, § 118 (1988 ed.), or to appeal after entry of final judgment in the matter. There was no error committed by the single justice in dismissing the complaint for relief in the nature of mandamus.
Judgment affirmed.
To continue reading
Request your trial
-
Dunn v. Attorney Gen.
...the nature of certiorari is to correct errors that ‘are not otherwise reviewable by motion or by appeal’ ”); Callahan v. Superior Court, 410 Mass. 1001, 1001, 570 N.E.2d 1003 (1991) (“It is well settled that relief in the nature of mandamus is extraordinary and may be granted only to preven......
-
New Bedford Educators Ass'n v. Chairman of the Mass. Bd. of Elementary
...and may be granted only to prevent a failure of justice in instances where there is no alternative remedy." Callahan v. Superior Ct., 410 Mass. 1001, 1001, 570 N.E.2d 1003 (1991). "A complaint in the nature of mandamus is ‘a call to a government official to perform a clear cut duty,’ and th......
-
Graves v. Hawke
... Scott Graves [1] v. Mark Hawke [2] et al. [3] No. 130068 No. WOCV2014-02235-DSuperior Court of Massachusetts, WorcesterApril 13, 2015 ... MEMORANDUM OF DECISION ... DENNIS ... J. CURRAN, Justice the Superior Court ... Scott ... Graves, a City Councilor of Gardner, Massachusetts, ... is no alternative remedy." Callahan v ... Superior Court , 410 Mass. 1001, 1001, 570 N.E.2d ... 1003 (1991). " Mandamus is ... ...
-
Sabree v. Superintendent, Mass. Corr. Inst.
...or to review, or reverse, a decision made by a judicial officer on an issue properly before him or her." Callahan v. Superior Court, 410 Mass. 1001, 1001, 570 N.E.2d 1003 (1991). See Sabree v. Commonwealth, 432 Mass. 1003, 1003 & n. 2, 732 N.E.2d 275 The judgment of the single justice denyi......
-
A Taxing Exception: Southern Lng, Inc. v. Macginnitie's Narrow Interpretation of the Mandamus Exemption
...has the ability to bring an action for breach of contract or declaratory judgment, mandamus is precluded); Callahan v. Superior Court, 570 N.E.2d 1003, 1004 (Mass. 1991) (holding that an interlocutory appeal was an alternative remedy that precluded mandamus relief); State ex rel. KelCor, In......