Opinion
15-P-949
03-08-2016
RICHARD MARTIN v. HEADING HOME, INC.
NOTICE: Summary decisions issued by the Appeals Court pursuant to its 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 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).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
This is an appeal from the denial of a motion for a preliminary injunction in the Superior Court. The judge concluded that the plaintiff had not shown a likelihood of success on the merits or irreparable harm. We conclude that the judge did not abuse his discretion. The judge applied the proper law and there was reasonable support for his conclusion. Packaging Indus. Group, Inc. v. Cheney, 380 Mass. 609, 615 (1980). We do not consider additional issues raised by the plaintiff in his brief that were not presented to the trial court.
Order denying motion for preliminary injunction affirmed.
By the Court (Cypher, Wolohojian & Neyman, JJ.),
The panelists are listed in order of seniority. --------
/s/
Clerk Entered: March 8, 2016.