Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 109 (2026)

Appeal to appeals court from appellate division

✓ current as of July 2026

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Section 109. An appeal to the appeals court shall lie from the final decision of the appellate division of any division of the district court department including appeals taken hereunder from the appellate division of the Boston municipal court department. Claims of appeal shall be filed in the office of the clerk of the district court within thirty days after notice of the decision of the appellate division. The appeal shall not remove the cause, but only the question or questions to be determined. The completion of such appeal shall be in accordance with the Massachusetts Rules of Appellate Procedure. The expense of the preparation of the necessary papers and copies of papers and their transmission, and the entry fee in the appeals court, shall be taxed in the bill of costs of the prevailing party, if he has paid it.

Notes of Decisions

Cited in 70 cases (7 in the last 5 years), 1930–2025 · leading case: Chavoor v. Lewis, 422 N.E.2d 1353 (Mass. 1981).

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Chavoor v. Lewis, 422 N.E.2d 1353 (Mass. 1981). · cites it 2× “The defendant appealed to this court pursuant to G. L. c. 231, § 109, alleging first, that the District Court judge had no authority to vacate the judgment based on a motion filed after the one-year time limitation imposed by Mass.”

Van Liew v. Stansfield, 47 N.E.3d 411 (Mass. 2016). “We first consider whether Stansfield may proceed with her appeal, given that the Appellate Division’s order vacating the allowance of the special motion to dismiss and remanding the case for trial is interlocutory, and generally may not be the subject of an appeal.”

In re G.P., 473 Mass. 112 (Mass. 2015). · cites it 2× “See G. L. c. 231, § 109 (“An appeal to the appeals court shall lie from the final decision of the appellate division of any division of the district court department including appeals taken hereunder from the appellate division of the Boston municipal court department”).”

Salamon v. Terra, 477 N.E.2d 1029 (Mass. 1985). “G. L. c. 231, § 109. On appeal the plaintiff argues that the Appellate Division order should be reversed because the evidence supports the judge’s finding of a contract implied in law requiring the defendant to pay for the value of the partially completed houses on his property.”

Worldwide Commodities, Inc. v. J. Amicone Co., 630 N.E.2d 615 (Mass. App. Ct. 1994). · cites it 2× “The appeal before us is from the “final decision of the appellate division,” G. L. c. 231, § 109, as amended through St.”

Atkinson v. Rosenthal, 598 N.E.2d 666 (Mass. App. Ct. 1992). “Thereupon, the landlord exercised his further right of appeal to us conferred by G. L. c. 231, § 109. We are of opinion that the landlord established certain damages and reverse the order of the Appellate Division.”

Hudson v. Massachusetts Prop. Ins. Underwriting Ass'n, 436 N.E.2d 155 (Mass. 1982). “G. L. c. 231, § 109. “A ‘final decision’ .”

Bender v. Auto. Specialties, Inc., 551 N.E.2d 903 (Mass. 1990). · cites it 2× “Automotive argues that the appeal cannot be maintained because the plaintiffs were required to have the case retransferred pursuant to that portion of G.L.c. 231, § 102C (1988 ed.”

Parrell v. Keenan, 452 N.E.2d 506 (Mass. 1983). “See G. L. c. 231, § 109. Since the plaintiff’s personal injury action, which was transferred from the Superior Court to the District Court, see G.”

Mailhot v. Travelers Ins., 377 N.E.2d 681 (Mass. 1978). “2 The case is here on appeal under G. L. c. 231, § 109. We disagree with the Appellate Division, and reinstate the judgment first entered.”

Orasz v. Colonial Tavern, Inc., 310 N.E.2d 311 (Mass. 1974). · cites it 2× “The defendant did not then take action to remove the case to the Superior Court, but instead filed a claim of appeal to this court pursuant to G. L. c. 231, § 109, as amended. On November 6, 1972, we affirmed the order of the Appellate Division dismissing the report.”

Comfort Air Sys., Inc. v. Cacopardo, 346 N.E.2d 835 (Mass. 1976). “2 Comfort appealed to this court pursuant to G. L. c. 231, § 109. *258 Comfort argues that its choice of remedy, i.”

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