Pare v. Harmony House, Inc.Annotate this Case
Petitioner appealed from the denial of his petition filed pursuant to Mass. Gen. Laws ch. 211, 3 after the Housing Court entered judgment in Respondent’s favor in a summary process action. Petitioner filed a motion to waive the appeal bond, which was allowed. Respondent appealed. A single justice held a hearing on the matter and remanded the matter to the Housing Court for a determination of the amount of use and occupancy installment payments Petitioner should make to Respondent while his appeal was pending. Petitioner appealed, but a single justice determined that there was no right of appeal under the circumstances. Petitioner then filed a document that the single justice treated as a Mass. Gen. Laws ch. 211, 3 petition and denied. The Supreme Judicial Court affirmed, holding that the single justice acted within her discretion in denying the petition under the circumstances.