From Casetext: Smarter Legal Research

Fennick v. Kittredge

Supreme Judicial Court of Massachusetts
Sep 21, 2011
460 Mass. 1012 (Mass. 2011)

Opinion

SJC–10890.

2011-09-21

Kevin FENNICKv.Joseph KITTREDGE & another.1


Supreme Judicial Court, Superintendence of inferior courts.Kevin D. Fennick, pro se.Margaret A. Rubino, Acton, for the defendants.RESCRIPT.

Kevin Fennick appeals from a judgment of a single justice of this court denying his petition under G.L. c. 211, § 3, in which he sought relief from one or more orders of

the Superior Court. The single justice correctly denied extraordinary relief, as Fennick had an adequate remedy in the ordinary appellate process, namely, a direct appeal to the Appeals Court from any final judgment. “Our general superintendence power under G.L. c. 211, § 3, is extraordinary and to be exercised sparingly, not as a substitute for the normal appellate process or merely to provide an additional layer of appellate review after the normal process has run its course.” Votta v. Police Dep't of Billerica, 444 Mass. 1001, 1001, 826 N.E.2d 199 (2005).

Judgment affirmed.

The case was submitted on the papers filed, accompanied by a memorandum of law.


Summaries of

Fennick v. Kittredge

Supreme Judicial Court of Massachusetts
Sep 21, 2011
460 Mass. 1012 (Mass. 2011)
Case details for

Fennick v. Kittredge

Case Details

Full title:KEVIN FENNICK v. JOSEPH KITTREDGE another

Court:Supreme Judicial Court of Massachusetts

Date published: Sep 21, 2011

Citations

460 Mass. 1012 (Mass. 2011)
460 Mass. 1012

Citing Cases

Yahya v. Rocktop Partners I, LP.

"Our general superintendence power under G. L. c. 211, § 3, is extraordinary and to be exercised sparingly,…

Ainooson v. Dep't of Corr.

Accordingly, the single justice neither erred nor abused his discretion by denying extraordinary relief. "Our…