D.R. Peck Excavating, Inc. v. MachadoAnnotate this Case
The Supreme Judicial Court affirmed the judgment of a single justice of the court denying Petitioner’s petition pursuant to Mass. Gen. Laws ch. 211, 3, holding that the single justice correctly denied relief because Petitioner had an adequate alternative remedy.
This dispute between Petitioner and Respondent involving certain work that Respondent performed on a construction site started as a small claims action in the district court. The clerk-magistrate, and later a jury, found in favor of Respondent. After filing a notice of appeal Petitioner filed its petition alleging that it had no remedy other than to seek relief pursuant to Mass. Gen. Laws ch. 211, 3. The single justice summarily denied the petition. The Supreme Judicial Court affirmed, holding that the single justice correctly denied relief because Petitioner had an adequate, well-established alternative remedy.