Kittery Point Partners, LLC v. Bayview Loan Servicing, LLC
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The Supreme Judicial Court dismissed this appeal from a partial summary judgment entered by the superior court in favor of Bayview Loan Servicing, LLC and M&T Mortgage Corporation as interlocutory, holding that the judgment that Kittery Point Partners, LLC (KPP) appealed from was not a final judgment.
KPP filed a complaint against Bayview and M&T seeking a declaratory judgment that a promissory note and the mortgage securing it were invalid. The superior court ordered entry of a partial summary judgment in favor of Bayview and M&T. The Supreme Judicial Court dismissed KPP’s appeal from this order, holding that the court was unable to determine from the superior court’s order whether the facts of this case constituted such an unusual circumstances that the merits of an interlocutory appeal should be considered before all pending claims were resolved.
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