Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 117 (2026)

Temporary appellate relief from final judgments pending appeal

✓ current as of July 2026

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Section 117. After an appeal has been taken from 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, the appellate court may, by an order, on terms or otherwise, suspend the execution or operation of the final judgment appealed from, pending the appeal, and may modify or annul any order made for the protection of the rights of the parties, pending the appeal; but, until such order has been modified or annulled, the justice of the superior court by whom the final judgment appealed from was made, or any other justice of said court, or the justice of the land court, 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 department, or the housing court of the county of Worcester, by whom the judgment appealed from was made, may make any proper interlocutory orders, pending such appeal, including orders for the appointment of receivers, of injunction, of prohibition, and orders for continuing in force such orders previously made, or for modifying or dissolving them. The justice or judge who makes any such interlocutory orders may enforce them by appropriate proceedings, pending the appeal.

Notes of Decisions

Cited in 38 cases (1 in the last 5 years), 1921–2024 · leading case: Packaging Indus. Grp., Inc. v. Cheney, 405 N.E.2d 106 (Mass. 1980).

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Packaging Indus. Grp., Inc. v. Cheney, 405 N.E.2d 106 (Mass. 1980). · cites it 2× “” Additionally, the relief available under the first paragraph is defined by a reference to G. L. c. 231, § 117, and we have therefore said that the procedure pursuant to the first paragraph is “substantially the same” as that under § 117, whereby relief must be sought from a…”

Foreign Auto Imp., Inc. v. Renault Ne., Inc., 326 N.E.2d 888 (Mass. 1975). · cites it 3× “Since July 1, 1974, the subject of temporary relief by an appellate court pending appeal from a final judgment and of appellate review of an interlocutory order of a trial court has been governed in part by G. L. c. 231, §§ 117 and 118, as appearing in St.”

Cambridge Street Realty, LLC v. Stewart, 113 N.E.3d 303 (Mass. 2018). “Here, the tenant does not challenge the propriety of the financial conditions on the bond.”

McMenimen v. Passatempo, 892 N.E.2d 287 (Mass. 2008). “The relief that can be granted is limited by the terms of the statute to what a single justice would be authorized to grant pending an appeal under G. L. c. 231, § 117. And significantly, *192 the proceeding before the single justice culminates in an order, not a final judgment.”

Schlager v. Bd. of Appeal of Boston, 399 N.E.2d 30 (Mass. App. Ct. 1980). · cites it 4× “It has been the usual practice of the single justices of this court to leave the administrative details of bonds and their sureties to the Superior Court whenever they have ordered the posting of bonds in proceedings conducted (a) under G. L. c. 231, § 117 (as appearing in St.…”

Pollack v. Kelly, 362 N.E.2d 525 (Mass. 1977). “On the contrary, “[w]e have consistently rejected attempts to obtain piecemeal appellate review by the full court of interlocutory matters not reported by the judge making the interlocutory ruling, order, or decision, and we have done so without regard to whether the review was…”

Edwin R. Sage Co. v. Foley, 421 N.E.2d 460 (Mass. App. Ct. 1981). “405, and as read in conjunction with G. L. c. 231, § 117, as appearing in St. 1973, c.”

Jones v. Manns, 602 N.E.2d 217 (Mass. App. Ct. 1992). “5 The “broad powers” referred to in the Foreign Auto Import case were those of a single justice of an appellate court, grounded in the statutory powers under G. L. c. 231, §§ 117 and 118, and under Mass.”

MacLachlan v. Bhd. Oil Corp., 404 N.E.2d 1272 (Mass. App. Ct. 1980). · cites it 2× “When the bond was not filed, the judge directed the defendant Brotherhood to pay attorneys’ fees of $500 “for the numerous court appearances resulting from the defendant’s non-compliance” with the judge’s previous orders. A single justice of the Appeals Court modified the order…”

Upton, 439 N.E.2d 1216 (Mass. 1982). “In turn, G. L. c. 231, § 117, as appearing in St. 1973, c.”

Shore v. Retailers Com. Agency, Inc., 174 N.E.2d 376 (Mass. 1961). “G. L. c. 231, § 117. The petition was referred to a commissioner who reported that the exceptions set forth in the bill were “conformable to the truth.”

Patterson v. Ciborowski, 179 N.E. 161 (Mass. 1931). “” That principle in substance has been frequently reaffirmed and states the general practice as to the establishment of exceptions under G. L. c. 231, § 117. In general, the same practice ought to prevail with respect to reports by a trial judge in district courts.”

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