Massachusetts Appeals Court Guidance

Summary

When preparing a Massachusetts Appeals Court Civil Docketing Statement, accurately fill out all sections, including case details and relief requests. You can request a stay of proceedings to halt further actions related to foreclosure and eviction, even if they have already occurred. Specify the Housing Court as the lower court and include the names and roles of judges involved. For complex issues like attorney misconduct or constitutional violations, consider consulting a civil rights lawyer. The Appeals Court can reverse or remand decisions but typically does not award damages directly.

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*. Defendant(s): - [Opposing Party's Name] *. Name(s) of Lower Court Judge(s): - [Name(s) of the Judge(s)] *. Date of Judgment/Order Appealed From: - [Date of the Single Justice's Order] *. Date of Entry of Judgment/Order: - [Date of Entry of the Single Justice's Order]
It looks like you're working on your Appeals Court Civil Docketing Statement. Since you've listed most of the sections, is there a specific part of the form you're finding challenging or need clarification on?
*. Notice of Appeal Filed: - [Date Notice of Appeal was filed] *. Description of Judgment/Order Appealed From: - Order denying the request to stay the execution of your eviction in housing court. *. Issues to be Raised on Appeal: - Whether the single justice erred in denying the stay of execution, given the evidence of fraudulent foreclosure documents. - Whether the denial violated procedural fairness and due process rights. - Whether judicial misconduct and bias influenced the decision. *. Relief Requested
It sounds like you're dealing with a complex appeal involving significant legal issues. For the "Relief Requested" section, you should clearly state what you want the Appeals Court to do, such as reversing the order or granting a new hearing.
Is there a specific relief you're seeking from the Appeals Court?
Yes. But Im confused. I am seeking to sue for damages the misconduct of the opposing counsel and the third party in this case. So I do not necessarily want to undue the forclosure.
It sounds like you have a potentially strong case for legal action. Here are some key steps and considerations:
- Civil Action: You can file a civil lawsuit for damages against the opposing counsel and third party for misconduct.
- Evidence: Gather substantial evidence of the misconduct.
- Legal Grounds: Basis for claims could include fraud, misrepresentation, or professional misconduct.
Are you currently working with an attorney, or do you need help finding one in Massachusetts?
I am working with a layer on two cases against the private lender and my financial advisor but I ma not working with a lawyer for the above proposed civil action. Do you believe since the judge in housing court violated my const. rights to due procees in this case that when I seek a lawyer for prpfessional misconduct against opposing counsel I should seek a civil rights lawyer and include the state of Massachusetts. Or is suing the state a huge deal?
Given the complexity of your situation, it may be beneficial to consult with a civil rights lawyer for the alleged constitutional violations. Suing the state can be challenging due to sovereign immunity, but it’s not impossible if you have a strong case.
Have you gathered all relevant evidence to support your claims of misconduct and constitutional violations?
Yes. Its quite easy to establish. The judge's orders and proceedings show that my constuitional rights were violated from * to current.
Case Rating: *
Given your detailed explanation, it sounds like you have a substantial case that may warrant legal action, especially considering both constitutional rights violations and potential professional misconduct.
Key Points for Your Consideration:
- Civil Rights Lawyer: Given the constitutional rights aspect, consulting a civil rights lawyer could be beneficial.

- Suing the State: This can be complex due to sovereign immunity; a civil rights lawyer can offer guidance on this.

- Evidence: Ensure your evidence is well-documented and organized.
Would you like assistance in finding a civil rights lawyer in Massachusetts?
You have stated before that i need to write a summary of my case. Would it be much easier just to find a lawyer to sue the opposing counsel for knowingly filing fraudlent documents into court?
It's crucial to have a well-documented summary of your case, as it will help any lawyer you consult to quickly understand the key issues. However, finding a lawyer experienced in professional misconduct and civil rights law could streamline the process. Would you like assistance in finding such a lawyer in Massachusetts?
I will later. I first wish to file my MA Appeals Court Docketing Satement. I dont know whther to state I am seeking to void the forclsoure or recieve damages? Would a court allow an illegal forclosure to exist and just award damages?
When filling out the "Relief Requested" section of your MA Appeals Court Docketing Statement, you should clearly state what you want the court to do. In your case, you could request either:
- Voiding the foreclosure, or
- Awarding damages for the illegal foreclosure.
Yes, a court can allow an illegal foreclosure to stand and award damages instead.
Would you like more detailed guidance on how to phrase your relief request?
Yes. I would want the illegal forclsoure to stand and award damages against the misconduct of the lawyer and the third party . Is this possible?
Yes, it is possible to request that the court allows the foreclosure to stand while awarding damages for the misconduct. Here's how you can phrase your relief request:
- "I request that the court allow the foreclosure to stand but award damages for the fraudulent actions and professional misconduct of the opposing counsel and third party involved in this case."
Would you like more assistance with any other part of the docketing statement?
Im confused because I understand that the Appeals court just "fixes" lower court's error so how can they award damages ?
Case Rating: *
The Appeals Court primarily reviews lower court decisions to correct errors. However, if you seek damages, you might need to file a separate civil lawsuit for those damages. The Appeals Court can reverse or remand decisions but doesn't typically award damages directly.
Do you want guidance on filing a separate civil lawsuit for damages?
No not as this point because I wish to find a lawyer to file tthe lawsuit. Right now however I am trying to establish my Request for Relief in Appeals court. Given the information what are my options?
For your MA Appeals Court Docketing Statement, focus on the relief you can obtain through the Appeals Court. You can request:
- To reverse the lower court's decision denying the stay of execution.
- To remand the case for a new hearing considering the evidence of fraudulent foreclosure documents and constitutional violations.
Would you like more details on how to phrase your relief request?
i like the idea of remanding the case for a new hearing but can housing court adjudicate cases involving attorney misconduct , illegal forclosure and eviction, usury ?
Housing courts in Massachusetts primarily handle issues related to landlord-tenant disputes, including evictions and some foreclosure matters. However, they do not adjudicate attorney misconduct or usury claims. For those issues, you may need to pursue separate legal actions in appropriate courts.
Would you like more information on how to proceed with separate legal actions for attorney misconduct and usury?
Can I ask the appeals court to transfer the case to the appropriate court to adjudicate my claims?
You can request the Appeals Court to remand the case to a court that can address your specific claims, but directly transferring a case is uncommon. Here’s how you might phrase your relief request:
- "I request the Appeals Court to reverse the lower court's decision and remand the case for a new hearing in a court that can adjudicate attorney misconduct, fraudulent foreclosure, and usury claims."
Would you like more assistance with this phrasing or any other part of your docketing statement?
My concern. If the court remands the hosuing court decision if will undue the forclosure and that will negatively affect my damage award in the other * cases. So ideally I guess i would like to stay the case while I file a lawsuit against opposing counsel and the third party. Is this an option?
Case Rating: *.
Yes, you can request a stay of the current proceedings. Here’s how you might phrase it:
- "I request the Appeals Court to stay the proceedings pending the outcome of a separate lawsuit against the opposing counsel and third party for fraudulent actions and misconduct."
Would you like more guidance on how to proceed with this request?
To clarify The stay would not undue the eviction. What would be the pros of seeking a stay?
Seeking a stay can offer several advantages:
- Time to Prepare: Gives you more time to gather evidence and build a strong case for your separate lawsuit.
- Prevent Further Action: Temporarily halts any eviction or foreclosure proceedings.
- Strategic Advantage: Allows you to address the misconduct and fraud claims without the pressure of ongoing proceedings.
Would you like more details on how to request a stay in your docketing statement?
I like this. Please note that there is a second piece of property that is incuded in the illegal forclsoure action which the private lenders threatened to forclose on so I could seek to temporarily halt any eviction or proceedings actions against this property. Is this correct?
Yes, you can seek to temporarily halt any eviction or foreclosure proceedings on both properties. Here’s how you might phrase your relief request:
- "I request the Appeals Court to stay the proceedings for both properties pending the outcome of a separate lawsuit against the opposing counsel and third party for fraudulent actions and misconduct."
Would you like more assistance with any other part of your docketing statement?
OK!. Could you please give me the first section of my Massachusetts Appeals Court Docketing statement?
Sure, here’s the first section of your Massachusetts Appeals Court Civil Docketing Statement:
*. Case Name/Title:
- [Your Case Name/Title]
*. Lower Court Docket Number:
- [Housing Court Docket Number]
*. Lower Court:
- [Name of the Housing Court]
*. Plaintiff(s):
- [Your Name]
*. Defendant(s):
- [Opposing Party's Name]
*. Name(s) of Lower Court Judge(s):
- [Name(s) of the Judge(s)]
*. Date of Judgment/Order Appealed From:
- [Date of the Single Justice's Order]
*. Date of Entry of Judgment/Order:
- [Date of Entry of the Single Justice's Order]
*. Notice of Appeal Filed:
- [Date Notice of Appeal was filed]
*. Description of Judgment/Order Appealed From:
- "Order denying the request to stay the execution of your eviction in housing court."
*. Issues to be Raised on Appeal:
- "Whether the single justice erred in denying the stay of execution, given the evidence of fraudulent foreclosure documents."
- "Whether the denial violated procedural fairness and due process rights."
- "Whether judicial misconduct and bias influenced the decision."
*. Relief Requested:
- "I request the Appeals Court to stay the proceedings for both properties pending the outcome of a separate lawsuit against the opposing counsel and third party for fraudulent actions and misconduct."
Would you like help with any other sections or details?
Yes. section *. Please note that opposing counsel and the third party already foclosed and evictted me from one of the properties , although illegally. Since the action was already done how does the appeal court stay the action?
The Appeals Court can issue a stay to halt further actions related to the foreclosure and eviction, even if they have already occurred. Here's how to phrase your relief request given the current circumstances:
- "I request the Appeals Court to stay any further proceedings and actions related to the foreclosure and eviction of both properties, pending the outcome of a separate lawsuit against the opposing counsel and third party for fraudulent actions and misconduct."
Would you like more assistance with any other part of your docketing statement?
Specify the name and the role of each judge whose orders are at issue on appeal [not applicable for appeals directly from a board or agency]: . (Desmond, J.) was the single justice who denied rlief requested and Michaud J was the Housing court Judge.
Here's how you can specify the names and roles of the judges in your docketing statement:
- Single Justice Denying Relief: Desmond, J.
- Housing Court Judge: Michaud, J.
Would you like any additional help with your Massachusetts Appeals Court Civil Docketing Statement or any other legal information?
In section * *. Lower Court, Board or Agency Information - Do I cite housing court or single Jusctice Appeals court?
For Section * of your Massachusetts Appeals Court Civil Docketing Statement, you should cite the Housing Court since that is where the original case was heard before the appeal. Here’s how you can fill it out:
- Lower Court, Board or Agency Information:
- Lower Court: Housing Court
Would you like assistance with any other sections or details?
*. Nature of the Case? Is mortgage/forclosure appropriate?
Yes, for Section *, you can indicate the nature of the case as "mortgage/foreclosure" since it involves issues related to foreclosure, eviction, and potential misconduct by the opposing counsel. Here’s how you can phrase it:
- Nature of the Case: Mortgage/Foreclosure
Would you like assistance with any other sections of your docketing statement or have any other questions?
Is the appeal from a final judgment, i.e., judgment disposing of all parties and claims? Yes. Correct?
Case Rating: *
Yes, if the judgment disposes of all parties and claims, you should indicate that the appeal is from a final judgment. Here's how you can state it:
- Is the appeal from a final judgment, i.e., judgment disposing of all parties and claims?
- Yes
Would you need help with any other sections or have any other questions?
Docketing Date of judgement? */*/* Execution for possession and money. */*/* Defandant's Emergency motion to stay ,denied. Which date is the official date of the judgement?
The official date of the judgment is typically the date the judgment itself was entered by the court, not the date of any subsequent orders or motions. Therefore, based on the information provided:
- Official Date of Judgment: */*/*
This date is when the judgment was entered, and the following dates pertain to subsequent actions and motions.
Would you like any further assistance or clarifications?
date notice of appeal filed? So is the definition of filed the date that the full panel acceptted my appeal?
The date the notice of appeal is considered "filed" is the date it is submitted to the court, not the date the full panel accepts it. You should use the date you initially filed the notice with the court.
Would you like help with any other sections of your docketing statement or have any further questions?