Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 113 (2026)

Appeal from final judgment of superior court, land court and housing courts

✓ current as of July 2026

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Section 113. A party aggrieved by a final judgment of the superior court, the land court, 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 department or the housing court of the county of Worcester, may appeal therefrom to the appeals court or, subject to the provisions of section ten of chapter two hundred and eleven A, to the full court of the supreme judicial court.

Notes of Decisions

Cited in 79 cases (5 in the last 5 years), 1922–2026 · leading case: Hill, 661 N.E.2d 1285 (Mass. 1996).

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Hill, 661 N.E.2d 1285 (Mass. 1996). · cites it 2× “It then filed an appeal under G. L. c. 231, § 113 (1994 ed.), from both the denial of the motion for reconsideration and *151 the underlying order and obtained a stay of release from a single justice of the Appeals Court.”

Patel v. Martin, 111 N.E.3d 1082 (Mass. 2018). “See G. L. c. 231, § 113. As part of that appeal, a party may claim that a judge erred in the entry of various types of interlocutory orders that were issued during the course of the civil case.”

Sullivan v. Roche, 153 N.E. 549 (Mass. 1926). · cites it 2× “G. L. c. 231, § 113. McCusker v. Geiger, 195 Mass.”

Long v. Wickett, 737 N.E.2d 885 (Mass. App. Ct. 2000). “The appellees did not protest the rule 54(b) certification below or on appeal, and neither side has briefed the issue.”

Everett-Morgan Co. v. Boyajian Pharmacy, 244 Mass. 460 (Mass. 1923). · cites it 2× “29, 34 , and by Rule 51 of the Superior Court (1923), and G. L. c. 231, § 113, to *462 reduce his exceptions to writing and file them within twenty days-after the order, ruling or decision was made.”

Nantucket Land Coun. v. Plan. Bd., Nantucket, 361 N.E.2d 937 (Mass. App. Ct. 1977). “The appeal must be dismissed because no “final judgment” (G. L. c. 231, § 113, as appearing in St. 1973, c.”

Katz v. Commonwealth, 399 N.E.2d 1055 (Mass. 1979). “G. L. c. 231, § 113, as appearing in St. 1973, c.”

Hackney v. Butler, 162 N.E.2d 68 (Mass. 1959). · cites it 2× “The judge had no discretion to act contrary to those provisions of G. L. c. 231, § 113, inserted by St. 1945, c.”

Wyatt, 701 N.E.2d 337 (Mass. 1998). “The Commonwealth had filed its appeal pursuant to G. L. c. 231, § 113, which states that “[a] party aggrieved by a final judgment of the superior court.”

Bath Iron Works, Ltd. v. Savage, 159 N.E. 445 (Mass. 1928). · cites it 2× “G. L. c. 231, § 113. A safeguard is provided for the parties and the judge by Rule 53, even in instances where the exceptions have been presented to the judge within three months and have remained without action by him.”

Doherty v. Sch. Comm., 384 N.E.2d 228 (Mass. App. Ct. 1979). · cites it 2× “The tacit assumption was that the judgment below was reviewable under G. L. c. 231, § 113, as appearing in St. 1973, c.”

Turner v. Minasian, 265 N.E.2d 371 (Mass. 1970). · cites it 2× “Thereafter the plaintiff filed a motion to disallow the de *427 fendant’s bill on the ground that it was filed too late. This motion was denied subject to the plaintiff’s exception.”

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