Section 111. A justice of the superior or land court or the judge of the housing court of the city of Boston, the western division of the housing court department, the northeastern division of the housing court department, the southeastern division of the housing court depart mentor the housing court of the county of Worcester, after verdict or after a finding of the facts by the court, may report the case for determination by the appeals court.
If a justice of the superior court is of the opinion that an interlocutory finding or order made by him so affects the merits of the controversy that the matter ought to be determined by the appeals court before any further proceedings in the trial court, he may report such matter to the appeals court, and may stay all further proceedings except such as are necessary to preserve the rights of the parties.
A justice of the superior court may, upon request of the parties, in any case where there is agreement as to all the material facts, report the case to the appeals court for determination without making any decision thereon.
Notes of Decisions
Cepeda v. Kass, 819 N.E.2d 979 (Mass. App. Ct. 2004).
· cites it 2× “” After denying the plaintiff’s motion for reconsideration, which contended that the judge should have held an evidentiary hearing, or in the alternative, should have taken as true all disputed facts in deciding the motion to dismiss, the judge reported two questions pursuant to…”
Commonwealth v. Nieves, 846 N.E.2d 379 (Mass. 2006).
· cites it 2× “Pursuant to G. L. c. 231, § 111, second par., and Mass.”
Nader v. Citron, 360 N.E.2d 870 (Mass. 1977).
“A judge of the Superior Court denied these motions and reported questions of law to the Appeals Court pursuant to G. L. c. 231, § 111, and Mass. R. Civ. P.”
Morrison v. Lennett, 616 N.E.2d 92 (Mass. 1993).
· cites it 2× “831 (1974); G. L. c. 231, § 111, second par. *859 (1990 ed.”
Commonwealth v. Collett, 439 N.E.2d 1223 (Mass. 1982).
· cites it 2× “905 (1979), and G.L.c. 231, § 111. We granted the social worker's application for direct appellate review.”
Berkowitz v. President & Fellows of Harvard Coll., 789 N.E.2d 575 (Mass. App. Ct. 2003).
“On the university’s request for a report to this court, the judge found that his denial of the university’s motion to dismiss so affected the merits of the case that the propriety of his order should be reviewed here.”
Pratt v. City of Boston, 483 N.E.2d 812 (Mass. 1985).
· cites it 2× “[5] At the request of the parties and pursuant to G.L.c. 231, § 111 (1984 ed.), and Mass. R.”
Berube v. McKesson Wine & Spirits Co., 388 N.E.2d 309 (Mass. App. Ct. 1979).
“231, § 118, nor did he request that the judge report his order under the third paragraph of G. L. c. 231, § 111, Mass.R.Civ.P. 64, 365 Mass, 831-832 (1974).”
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