Summary
The Massachusetts Supreme Judicial Court affirmed the denial of Holly Mayfield’s petition for extraordinary relief under G. L. c. 211, § 3. The court held that Mayfield had adequate alternative remedies through ordinary appellate procedures, including seeking a ruling on her pending postjudgment motion in the Probate and Family Court and appealing any adverse decision. The court also concluded that S.J.C. Rule 2:21 did not apply because Mayfield challenged a final judgment.
Holdings
- S.J.C. Rule 2:21 does not apply when the appellant challenges a final judgment.
- A petitioner is not entitled to extraordinary relief when an adequate alternative remedy exists in the ordinary course of appeal.
- The single justice did not err or abuse his discretion in denying Mayfield's petition because she had adequate alternative remedies in the ordinary course of appeal.
Questions Presented
- Whether the single justice abused his discretion by denying Mayfield's G. L. c. 211, § 3 petition on the ground that she had an adequate alternative remedy in the ordinary course of appeal.
- Whether S.J.C. Rule 2:21 governed Mayfield's appeal from the single justice's judgment.
- Whether the availability of a postjudgment motion seeking a ruling on the unresolved September 2024 motion, followed by an appeal from any adverse ruling, supplied an adequate alternative remedy.
Disposition
affirmed
Cases Cited (7)
- Kim v. Newton Hous. Auth., 493 Mass. 1029, 1030 (2024)(followed)
- Goodwin v. Commonwealth, 483 Mass. 1011, 1012 (2019)(followed)
- Boone v. Commonwealth, 494 Mass. 1011, 1012-1013 (2024)(followed)
- Commonwealth v. Fontanez, 482 Mass. 22, 24 (2019)(followed)
- Aktas v. Aktas, 481 Mass. 1018, 1019 (2018)(followed)
- Lasher v. Leslie-Lasher, 474 Mass. 1003, 1004 (2016)(followed)
- Skandha v. Clerk of the Superior Court for Civil Business in Suffolk County, 472 Mass. 1017, 1019 (2015)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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