Opinion
No. 87-352.
May 26, 1988.
The judgment that Thomas G. Asack was not the owner of twenty-five shares of stock of Jay's Cafe, Inc., at the time of his death is affirmed. So much of the judgment as dismisses the complaint is vacated, as this is not appropriate relief on a complaint for declaratory judgment. Exercising our powers under Mass.R.A.P. 25, as most recently amended, we conclude that the defendants are to have double costs attendant on the appeal and reasonable counsel fees attributable to the appeal. Those fees shall be determined by a single justice of this court.