Cambridge Street Realty, LLC v. Stewart, 113 N.E.3d 303 (2018)

Citation: Cambridge Street Realty, LLC v. Stewart, 113 N.E.3d 303 (2018)
Parent Document: Cambridge Street Realty, LLC v. Stewart, 113 N.E.3d 303 (2018)
Jurisdiction: Massachusetts (state)
Effective Date: 2018-12-20
Original Source: https://www.courtlistener.com/opinion/4575969/cambridge-street-realty-llc-v-stewart/ ↗

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19The statute permits dismissal of an appeal by the trial
court only when a tenant fails to post the initial appeals bond
or use and occupancy payment. See G. L. c. 239 § 5 (h) ("the
appeal from the judgment shall be dismissed" within five days
if, after seeking review of amount of bond or periodic payments
from single justice of Appeals Court, tenant fails to file "the
amount of bond, deposit or periodic payment"). See also PGR
Mgt. Co. v. Credle, 427 Mass. 636, 639 (1998) (as provided by
statute, tenant's appeal properly dismissed through her failure
to file appeals bond). Conversely, "if the defendant posted
bond after losing an appeal of the trial court's denial of
waiver of that bond, execution would continue to be unavailable
pending the completion of the appeal of the underlying judgment
under Rule 62(d)." Commentary to Rule 13 of the Uniform Summary
Process Rules, Massachusetts Rules of Court, at 481 (Thomson
Reuters 2018). Here, the tenant does not challenge the
propriety of the financial conditions on the bond.
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