Opinion
November 24, 1989.
Present: Turcotte, P.J., Lenhoff McGuane, JJ.
Practice, Civil, Review of interlocutory rulings; Dist./Mun. Cts. R. Civ. P., Rule 64(d).
Report of court's dismissal of plaintiff's report. Action heard in the Clinton Division by Philbin, J.
Daniel Brianski for the plaintiff.
James T. McLaughlin for the defendant.
This is an appeal of the trial judge's denial of a motion by the plaintiff for summary judgment, an interlocutory matter. The plaintiff is not entitled to piecemeal appellate review. The appeal is lacking the judge's necessary certificate.
"There is no right to immediate appellate review of interlocutory orders or rulings. An appeal of an interlocutory ruling may be brought to this division only with the consent, or upon the voluntary report, of the trial judge pursuant to G.L.c. 231 § 108, and Dist./Mun. Cts. R. Civ. P., Rule 64(d). The report of an interlocutory order or ruling should contain an express, written certification in the report that the interlocutory ruling in question `so affects the merits of the controversy that it ought, in justice, to be determined by the Appellate Division before further proceedings are had.'" Hearthside Court Condominium Trust at Pembroke v. Paul Kerrigan and Another, 1988 Mass. App. Div. 57.
Also see Real Property v. Pitt, 230 Mass. 526 (1918).
Report dismissed.