Section 112. A justice of the supreme judicial court, after a finding of facts by the court may report a case for determination by the full court or the appeals court.
If a justice of the supreme judicial 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 full court or the appeals court before any further proceedings in the trial court, he may report such matter to either court, and may stay all further proceedings except such as are necessary to preserve the rights of the parties.
A justice of the supreme judicial court may, upon request of the parties, in any case where there is agreement as to all material facts, report the case to the full court or the appeals court without making any decision thereon.
Notes of Decisions
Commonwealth v. Town of Andover, 391 N.E.2d 1225 (Mass. 1979).
· cites it 4× “Such a report is expressly authorized by G. L. c. 231, § 112. 5 The single justice properly reported the Commonwealth’s motion for summary judgment to this court.”
Borman v. Borman, 393 N.E.2d 847 (Mass. 1979).
“G. L. c. 231, § 112. Accordingly, appellate jurisdiction vested in the full court not because of the invocation of §§ 3 and 4A but because of the reservation and report.”
Granger v. Lovely, 19 N.E.2d 798 (Mass. 1939).
“The provisions of Rule 75 of the Superior Court (1932) for the vacation of a reservation for report where action is not taken within specified times thereafter, are expressly made subject to “the right of the justice who originally reserved the case for report, or of any other…”
Dixon v. Sch. Comm., 364 N.E.2d 1089 (Mass. App. Ct. 1977).
“211A, § 12, or by way of report under G. L. c. 231, § 112, and Mass.R.Civ.P. 64, 365 Mass.”
Plante v. Louro, 187 N.E.2d 866 (Mass. 1963).
“The reports of the auditor show the following findings, express or necessarily implied: The plaintiff, a building contractor, in 1955 built a house for the defendant charging *459 him the amount of subcontractors’ bills, material at cost, and the fair value of his own work.…”
Berninger's Case, 147 N.E. 897 (Mass. 1925).
“Any member so voting would be at liberty any time before a decision was signed and filed to reach a different conclusion. A deceased member, whatever his vote may have been, cannot be considered as having participated in any decision made by the board which he did not sign.”
Commonwealth v. Deeran, 481 N.E.2d 537 (Mass. App. Ct. 1985).
“211A, § 10, and G. L. c. 231, § 112. Accordingly, the panel reports the case to the Supreme Judicial Court for consideration and determination.”
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