Bender v. Automotive Specialties, Inc.
Bender v. Automotive Specialties, Inc.
Opinion of the Court
The plaintiffs commenced this personal injury action in the Superior Court seeking damages based on the alleged negligent operation of an automobile that was taken without authority from the custody of the defendant, Automotive Specialties, Inc. (Automotive). The plaintiffs’ claims against two other defendants were disposed of in the District Court, leaving Automotive as the sole defendant.
Automotive argues that the appeal cannot be maintained because the plaintiffs were required to have the case retransferred pursuant to that portion of G. L. c. 231, § 102C (1988 ed.), which states that “[a]ny party . . . aggrieved by the finding or decision [of the District or Municipal Court] may as of right have the case retransferred for determination by the superior court.” We have said that an appeal will not lie under G. L. c. 231, § 109 (1988 ed.), from a decision and order of the Appellate Division of the District Court in a case transferred pursuant to G. L. c. 231, § 102C, in the absence of retransfer to, and decision by, the Superior Court. See Greenhouse, Inc. v. TWA, 394 Mass. 60 (1985); Pupillo v. New England Tel. & Tel. Co., 381 Mass. 714 (1980); Fusco v. Springfield Republican Co., 367 Mass. 904 (1975). The basis of this rule is that § 109 allows an appeal only from a final decision. The Appellate Division’s decision is interlocutory in nature, with the final judgment being entered at the conclusion of the action, after retransfer, in the Superior Court. Pupillo v. New England Tel. & Tel. Co., supra at 715.
The plaintiffs point out that these decisions involved cases that were actually tried in the District Court. By comparison, this case was resolved in the District Court by the grant of summary judgment for Automotive. In the plaintiffs’ view, this disposition takes the case out of the ordinary procedural path prescribed by § 102C, and places it on a straight path for the Appeals Court or this court. We disagree.
A District Court can dispose of a § 102C case on its merits by means of summary judgment. Although § 102C speaks in terms of the transfer of a civil case from the Superior Court to a District Court “for trial,” the statute was amended
We perceive no compelling reason to create a special exception to the Orasz rule (which we recently reaffirmed in Greenhouse, Inc. v. TWA, supra) for § 102C cases decided by means of summary judgment. A requirement of retransfer of these cases to the Superior Court will at least force the losing party to reevaluate his position before seeking to liti
The plaintiffs in this case had ten days from receipt of the notice of the Appellate Division’s decision to retransfer the case to the Superior Court. They did not do so and instead appealed to the Appeals Court. They have lost their right of retransfer and their appeal must be dismissed. See Greenhouse, Inc. v. TWA, supra at 61-63, and cases cited.
Having dealt with the appeal, we add a few words about the transfer procedure. A civil case subject to the provisions of G. L. c. 231, §§ 102C, 104, and 109, may move (1) from the Superior Court, (2) to a District or Municipal Court, (3) to the Appellate Division of the District or Municipal Court, (4) back to the Superior Court, and then (5) to one or two of the appellate courts. In its journey, the essentially small case (transfer occurs if there appears to be no reasonable likelihood of a plaintiff’s recovering more than $25,000, see G. L. c. 231, § 102C, as amended through St. 1986, c. 278, § 1) may be passed upon by as many as thirteen judges and one jury. Over the years the procedure has become a Rube Goldberg device manufactured piece by piece in a good faith
Appeal dismissed.
Section 102C was previously conformed to the Massachusetts Rules of Civil and Appellate Procedure. St. 1973, c. 1114, §§ 194, 195.
The determination of a § 102C case by summary judgment constitutes a “decision” for the purpose of retransfer under the statute. In passing on a motion for summary judgment, the District or Municipal Court judge considers the legal sufficiency of the evidence to ascertain whether the moving party has demonstrated that he is entitled to judgment as matter of law. Attorney Gen. v. Bailey, 386 Mass. 367, 370, cert. denied, 459 U.S. 970 (1982). The evidence is examined under an established set of standards, which “for most purposes [are] identical to [those] applied to a
Concurring Opinion
(concurring). I adhere to the views I expressed in Greenhouse, Inc. v. TWA, 394 Mass. 60, 63-65 (1985) (Abrams, J., dissenting). The question presented by this case is a question of law more appropriate for appellate review than for a remand to the Superior Court. The District Court’s select committee currently is working on eliminating costly, ineffective, and cumbersome procedures. Because fairness requires that the District Court’s committee be given the first opportunity to suggest new procedures which are speedy, less expensive, and less cumbersome, I concur.
Reference
- Full Case Name
- Vincent S. Bender & Others vs. Automotive Specialties, Inc.
- Cited By
- 19 cases
- Status
- Published