CourtListener 9481034•Care One Management, LLC v. Gloria Brown.
Care One Management, LLC v. Gloria Brown.
CourtListener 9481034Massappct05.03.2024
Gesamter Gesetzestext
NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule
23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28,
as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties
and, therefore, may not fully address the facts of the case or the panel's
decisional rationale. Moreover, such decisions are not circulated to the entire
court and, therefore, represent only the views of the panel that decided the case.
A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25,
2008, may be cited for its persuasive value but, because of the limitations noted
above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260
n.4 (2008).
COMMONWEALTH OF MASSACHUSETTS
APPEALS COURT
23-P-106
CARE ONE MANAGEMENT, LLC
vs.
GLORIA BROWN.
MEMORANDUM AND ORDER PURSUANT TO RULE 23.0
This case has a lengthy history which began in 2016 when
the plaintiff, Care One Management, LLC (Care One) filed a
lawsuit seeking to recover an unpaid balance that accrued while
the defendant's now deceased husband resided at a Care One
facility in Randolph. See Care One Management, LLC v. Brown, 98
Mass. App. Ct. 589 (2020). Much of that history is not relevant
to the issue before us, which is whether the defendant has a
right to appeal from an order entered by a single justice of
this court pursuant to G. L. c. 261, § 27D. The order in
question was entered on December 21, 2022, and affirmed a ruling
by a Superior Court judge denying the defendant's request that
the Commonwealth pay for a surety bond imposed as a condition of
granting the defendant's motion to remove the underlying default
judgment. The defendant filed a notice of appeal. Thereafter,
on January 11, 2023, a different single justice struck the
defendant's notice of appeal. The defendant's appeal from the
order entered on January 11, 2023, is now before us. We affirm.
The outcome of this appeal is controlled in all respects by
the applicable statute, G. L. c. 261, § 27D, and case law, which
unequivocally state that the decision of a single justice of the
Appeals Court affirming a trial judge's denial of a request for
funds, is final. See Hurley v. Superior Court Dep't of the
Trial Court, 424 Mass. 1008, 1009 (1997). Because there was no
legal right to appeal from the order entered by the single
justice on December 21, 2022, the defendant's notice of appeal
was properly struck.
Additionally, to the extent the defendant asserts that
G. L. c. 261, § 27D is not applicable, she is mistaken. We have
conducted a careful review of the record and have found no
support for the defendant's position that the statute does not
apply. Nor is there any support for the defendant's argument
that the single justice who entered the order on December 21,
2022, failed to conduct a proper review because certain
pleadings and documents that had been submitted to and reviewed
by the Superior Court judge were not transmitted to the single
justice. First, it was incumbent upon the defendant to provide
all relevant documents to the single justice. See Mass. R. A.
P. 9 (b) & (d), as appearing in 481 Mass. 1615 (2019); Mass. R.
2
A. P. 18 (a) (1) (A), as appearing in 481 Mass. 1637 (2019).
Second, notwithstanding this failure to provide the material at
issue, the single justice has the authority to take judicial
notice of court records in a related action. See Jarosz v.
Palmer, 436 Mass. 526, 530 (2002). And third, the defendant
filed a motion for reconsideration, which was denied, that
included all the relevant material considered by the Superior
Court judge.1
Order of the single justice
entered on January 11,
2023, striking notice of
appeal affirmed.
By the Court (Vuono,
Hershfang & Toone, JJ.2),
Assistant Clerk
Entered: March 5, 2024.
1 The defendant's motion docketed on April 20, 2023 is denied.
2 The panelists are listed in order of seniority.
3
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