Youghal, LLC v. Entwistle (2020)

Citation: Youghal, LLC v. Entwistle (2020)
Parent Document: Youghal, LLC v. Entwistle (2020)
Jurisdiction: Massachusetts (state)
Effective Date: 2020-03-23
Original Source: https://www.courtlistener.com/opinion/4738554/youghal-llc-v-entwistle/ ↗

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4 At oral argument, landlord's argument rested primarily on
the claim that the tenants' notice of appeal was inadequate
because it did not specifically reference the final judgment.
In the Housing Court, however, the landlord sought dismissal of
the appeal on a different ground, i.e., for "failure to give
bond or request a waiver of bond within the time allowed for
filing notice of appeal and filing an appeal bond," citing G. L.
c. 239, § 5. On appeal, the landlord pressed the same claim,
arguing that the motion for a new trial did not expand the
period for filing a notice of appeal provided in G. L. c. 239,
§ 5, pursuant to Mass. R. A. P. 4 or otherwise. It also claimed
that the tenants' notice of appeal was inadequate because it did
not request the clerk to schedule a hearing to approve an appeal
bond; was not filed until December 1, 2017, sixteen days after
the entry of judgment; and did not use the word "judgment." As
the landlord acknowledged in its brief, however, the Housing
Court judge treated the notice of appeal as an appeal from the
final judgment.

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