Saade v. Price
Saade v. Price
Opinion of the Court
The case was submitted on the papers filed, accompanied by a memorandum of law.
**1024Jack Saade appeals from a judgment of the county court denying, without a hearing, his petition for relief under G. L. c. 211, § 3, in which he sought the dissolution of a memorandum of lis pendens. Saade was a defendant in an action in the Superior Court concerning certain real property in Somerville. On the motion of the plaintiff in that case, a judge endorsed the memorandum of lis pendens at issue here. The parties reached an agreement in principle to settle the case. After a dispute arose regarding that agreement, a judge in the Superior Court issued a judgment enforcing it. Saade appealed from that judgment, challenging not only the enforcement of the settlement agreement, but also the endorsement of the memorandum of lis pendens. A panel of the Appeals Court affirmed the judgment in an unpublished decision. Price v. Saade,
Saade has filed a memorandum and appendix pursuant to S.J.C. Rule 2:21, as amended,
*471Judgment affirmed.
The rule also provides that "[t]he appeal shall be presented ... on the papers filed in the single justice session" and that the petitioner must file a record appendix containing the relevant material. S.J.C. Rule 2:21 (2). The appendix filed by Saade is incomplete, as it omits several papers filed in the single justice session, including an opposition filed by the plaintiff in the underlying Superior Court case. This presents a further reason not to disturb the single justice's decision.
We allowed Saade's motions for an enlargement of time to file an application for further appellate review. We express no view at this time on the merits of Saade's case.
Reference
- Full Case Name
- Jack SAADE v. Matthew PRICE.
- Cited By
- 1 case
- Status
- Published