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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mellor v. Berman, 390 Mass. 275 (1983)

Citation
Mellor v. Berman, 390 Mass. 275 (1983)
Parent Document
Mellor v. Berman, 390 Mass. 275 (1983)
Jurisdiction
Massachusetts (state)
Effective Date
1983-10-03

Other Sections in This Document (38)

Full Text

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*278Subsequently, the tenants filed a motion seeking an award of attorney’s fees and costs arising out of the appeal. The lessor filed a motion for relief from judgment, claiming that multiple damages could not be awarded absent a finding of bad faith. The basis of her motion is a decision of this court, McGrath v. Mishara, 386 Mass. 74 (1982), decided subsequent to the decision by the Appeals Court. See Mass. R. Civ. P. 60 (b) (6), 365 Mass. 828 (1974). On these motions, because of the frequency of cases involving retention of security deposits, the judge reported questions of law to the Appeals Court.6 Mass. R. A. P. 5, as appearing in 378 Mass. 924 (1979). We transferred the case to this court on our own motion.