§ 8A

Citation: § 8A
Parent Document: Ferreira v. Charland (2023)
Jurisdiction: Massachusetts (state)
Effective Date: 2023-09-05
Original Source: https://www.courtlistener.com/opinion/9424522/ferreira-v-charland/ ↗

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1 The majority contends that the decision below rested on a
"procedural ground," and that the tenant was not "given the
opportunity to prove her defense." Ante at         . To the
contrary, I read the record, and the judge's order, as deciding
the case on the merits -- after hearing from the tenant's
counsel, the judge found that the tenant could not prove the
element of damages, because the landlord's payments "satisfied
and resolved the tenants' claim." Particularly where the
majority relies entirely on argument of counsel for the tenant's
proof of the alleged violation of law, I cannot see a principled
basis for the majority's suggestion that we should not consider
the evidence as to the other elements of the tenant's defense.
                                                                      3 to nonpayment situations -- it applies to actions "brought

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