Beres v. Board of Registration of Chiropractors
Beres v. Board of Registration of Chiropractors
Opinion of the Court
appeals from a judgment of a single justice of this court dismissing his petition to transfer to this court, pursuant to G. L. c. 211, § 4A, a civil action he had commenced in the Superior Court challenging a final decision of the Board of Registration of Chiropractors suspending his professional license.
Nothing we said in the Hamel or Friedman case was intended to preclude a single justice’s exercise of discretion in the circumstances present here. While “[filling in the Supreme Judicial Court within thirty days for judicial review
In this case, the single justice concluded she was without discretion to consider whether to transfer the action from the Superior Court. Because G. L. c. 211, § 4A, permits a single justice of this court, in the sound exercise of his or her discretion, to transfer a case timely filed in another court to this court, we vacate the judgment of the single justice, and remand for consideration whether exercise of that discretion is appropriate in the circumstances of this case. As to that, we express no opinion.
So ordered.
A judge in the Superior Court stayed any decision on the board’s motion to dismiss for lack of subject matter jurisdiction, to permit Beres to petition for transfer to this court pursuant to G. L. c. 211, § 4A.
Neither Friedman v. Board of Registration in Med., 414 Mass. 663 (1993), nor Hamel v. Board of Registration of Funeral Directors & Embalmers, 449 Mass. 1008 (2007), purported to overrule earlier decisions in which this court had accepted a single justice’s authority to transfer to this court timely actions that had been mistakenly filed in the Superior Court. See Gurry v. Board of Pub. Accountancy, 394 Mass. 118, 119 & n.l (1985); Feldstein v. Board of Registration in Med., 387 Mass. 339, 340 (1982); Camoscio v. Board of Registration in Podiatry, 385 Mass. 1002, 1003 (1982); Arthurs v. Board of Registration in Med., 383 Mass. 299, 304 n.l 1 (1981).
Reference
- Full Case Name
- Scott Beres v. Board of Registration of Chiropractors
- Cited By
- 3 cases
- Status
- Published