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Practice/Industry Group Overview
Massachusetts has a two tiered appellate court system consisting of the Appeals Court and the Supreme Judicial Court. The appeals court is available to hear from appellants who are seeking reversal of the court judgment where there has been an error of law or an abuse of judicial discretion. The Supreme Judicial Court hears cases which are often what are referred to as “first impression” cases. Cases of first impression are those which involve legal issues in which there is no law as yet. The Supreme Judicial Court also will hear cases which contain issues of general import to the citizens of the Commonwealth. The appeals court has also developed a safety valve for those instances when a case has not gone to a final judgment, but there exists a temporary order which, if allowed to remain unaltered, will result in irreparable harm. This is the single justice system that the appeals court has implemented. I have used the single justice in those instances where I feel that my client has been substantially prejudiced by a temporary order, and where the time remaining in the case before it goes to trial and judgment will cause irreparable harm. I can help you assess the issues that have been ruled on by the probate court judge, and determine with you whether your situation would be best served by other options available to you, i.e., settlement, further litigation in the probate court, or decide not to proceed further. Please call me if I can help you in this very interesting area of the law.
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