Massachusetts General Laws

Mass. Gen. Laws ch. 215, § 24 (2026)

Effect of appeal; separate support and custody cases

✓ current as of July 2026

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Section 24. The preceding section shall apply to orders or judgments of probate courts in proceedings under chapter two hundred and eight, and under sections thirty-two and thirty-seven of chapter two hundred and nine, except that, as provided in the Massachusetts Rules of Domestic Relations Procedure, the filing of an appeal shall stay the running of the nisi period in a divorce case.

Notes of Decisions

Cited in 8 cases, 1965–1990 · leading case: Dominick v. Dominick, 463 N.E.2d 564 (Mass. App. Ct. 1984).

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Dominick v. Dominick, 463 N.E.2d 564 (Mass. App. Ct. 1984). · cites it 2× “Compare rule 62(a) (“Except [with respect to actions for injunction or receivership], no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the time for appeal from the judgment has expired” [emphasis supplied]).”

Yanolis v. Yanolis, 524 N.E.2d 55 (Mass. 1988). · cites it 2× “4 Even if we were to treat rule 62 (g) as staying the running of the nisi period in this case, G. L. c. 215, § 24 (1986 ed.), states that a nisi period in a divorce case is stayed by the filing of an appeal “as provided in the Massachusetts Rules of Domestic Relations Procedure.”

Brash v. Brash, 521 N.E.2d 523 (Mass. 1990). “Under G. L. c. 215, § 24 (which, according to § 23, applies to orders or judgments under c.”

Cennami v. Dep't of Pub. Welfare, 363 N.E.2d 539 (Mass. App. Ct. 1977). “In any event, there was no abuse of discretion on the part of the single justice in declining to permit the Cennamis to relitigate in a new proceeding in this court matters which were already the subject of litigation in other courts.”

Huber v. Huber, 561 N.E.2d 863 (Mass. 1990). “215, § 23 (made applicable by G. L. c. 215, § 24) that an appeal from a Probate Court order “shall not suspend or stay proceedings” under the order pending appeal.”

Singer v. Singer, 391 N.E.2d 1239 (Mass. App. Ct. 1979). “See G. L. c. 215, § 24, as now appearing in St.”

Saltmarsh v. Saltmarsh, 480 N.E.2d 618 (Mass. 1985). “” See G. L. c. 215, § 24. Rule 62 (g) is not limited by its terms to appeals from judgments of divorce nisi; it simply refers to “[t]he filing of an appeal.”

Sloane v. Sloane, 208 N.E.2d 211 (Mass. 1965). “By G. L. c. 215, § 24, orders or decrees of Probate Courts in proceeding’s under c.”

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