Massachusetts General Laws ch. 231 sec. 118A – Appeal from interlocutory order for equitable relief
Section 118A. A party aggrieved by an interlocutory order of a trial court justice in the district court department or the Boston municipal court department issued pursuant to section 19C of chapter 218 in response to a request for equitable relief may file within 10 days of the entry of the order, a petition in the appropriate appellate division seeking relief from the order. A single justice of the appellate division may affirm, modify, vacate, set aside, reverse the order or remand the cause and direct the entry of such appropriate order as may be just under the circumstances. A party aggrieved by an interlocutory order of a single justice of an appellate division granting a petition for relief from the order, may appeal therefrom to the appeals court or, subject to section 10 of chapter 211A, to the supreme judicial court, which shall affirm, modify, vacate, set aside, reverse the order or remand the cause and direct the entry of the appropriate order as may be just under the circumstances.
Terms Used In Massachusetts General Laws ch. 231 sec. 118A
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
The filing of a petition hereunder shall not suspend the execution of the order which is the subject of the petition, except as otherwise ordered by a single justice of the appellate division.