Mass. Gen. Laws ch. 231, § 6G

Appeals; motions for expenses for insubstantial, frivolous or bad faith claims or defenses

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Section 6G. Any party aggrieved by a decision on a motion pursuant to section six F may appeal as hereinafter provided. If the matter arises in the superior, land, housing or probate court, the appeal shall be to the single justice of the appeals court at the next sitting thereof. If the matter arises in the appeals court or before a single justice of the supreme judicial court, the appeal shall be to the full bench of the supreme judicial court. The court deciding the appeal shall review the finding and award, if any, appealed from as if it were initially deciding the matter, and may withdraw or amend any finding or reduce or rescind any award when in its judgment the facts so warrant.

Any party may file a notice of appeal with the clerk or register of the court hearing the motion within ten days after receiving notice of the decision thereon. The clerk or register shall then forward the motion, the court's findings and award, and any other documents relevant to the appeal to the clerk of the court deciding the appeal who, upon receipt thereof, shall refer the matter to the court for speedy decision and shall notify the parties of such decision, which shall be final. Any appeal to the supreme judicial court or the appeals court shall proceed according to the Massachusetts Rules of Appellate Procedure; any appeal to a single justice of the Appeals Court shall proceed under the rules for the regulation of practice before a single justice of that court. The payment of any award made pursuant to section six F shall be stayed until the completion of all appeals relating to the civil action in which the award was made.

Notes of Decisions

Cited in 55 cases (7 in the last 5 years), 1979–2026 · leading case: Fronk v. Fowler

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Fronk v. Fowler (2010) mass · cites it 7× “17 The plaintiffs directed their appeal of the § 6F award to a single justice of the Appeals Court as required by G. L. c. 231, § 6G. 18 The single justice stayed the award pending a review of *326 the plaintiffs’ direct appeal.”

Ben v. Schultz (1999) massappct · cites it 9× “Gordon Schultz appeals from decisions of a single justice of this court dismissing as untimely an appeal brought by Schultz pursuant to G. L. c. 231, § 6G, and denying Schultz’s subsequent motions for reconsideration and enlarge *809 ment of time.”

Danger Records, Inc. v. Berger (2005) mass · cites it 6× “The present appeal requires us to articulate the proper scope of review of an order of a single justice of the Appeals Court pursuant to G. L. c. 231, § 6G, and then, applying that standard of review, to determine whether the single justice erred when he affirmed the trial…”

Masterpiece Kitchen & Bath, Inc. v. Gordon (1997) mass · cites it 6× “” 8 Timeliness of plaintiff’s G. L. c. 231, § 6G, appeal. The plaintiff received notice of the decision of the Appeals Court denying its request for attorney’s fees on July 31, 1996.”

Hunt v. Appeals Court (2005) mass · cites it 5× “In April, 2002, Hunt appealed to a single justice of the Appeals Court, pursuant to G. L. c. 231, § 6G, from the denial of a “motion for costs and compensation” by a Superior Court judge.”

Bartlett v. Greyhound Real Estate Finance Co. (1996) massappct · cites it 4× “3 The plaintiffs appealed the sanction to a single justice of this court, as authorized by G. L. c. 231, § 6G. 4 The single justice affirmed both the imposition and the amount of the fee *284 award on the basis of the record before the Superior Court judge, despite the absence…”

Katz v. Savitsky (1980) massappct · cites it 4× “2 The defendants filed a timely notice of appeal to a single justice of this court under G. L. c. 231, § 6G, also inserted by St. 1976, c.”

Palmer v. Murphy (1997) massappct · cites it 2× “231, § 6F, award of attorneys’ fees and costs is not properly before the panel, as the defendants failed to appeal the order first to a single justice of this court as required by G. L. c. 231, § 6G. General Laws c. 231, § 6G, as appearing in St.”

Ross v. Continental Resources, Inc. (2009) massappct · cites it 2× “Continental again appealed, filing a general notice of appeal from the second judgment and a notice of appeal to a single justice of this court pursuant to G. L. c. 231, § 6G, to the extent that the trial judge had purported to act pursuant to G.”

Hahn v. Planning Board of Stoughton (1988) mass · cites it 2× “Hahn sought review in the Appeals Court pursuant to G. L. c. 231, § 6G (1986 ed.) (appellate review of attorney’s fees under § 6F).”

Department of Revenue v. Ryan R. (2004) massappct “G. L. c. 231, § 6G. 13 Because there is nothing in Ryan’s notice of appeal “specifying] that it is an appeal from the portion of the judgment awarding attorney’s fees under § 6F, we shall treat it only as an appeal to a panel from those portions of the judgment that are within…”

Karellas v. Karellas (2004) massappct · cites it 3× “Concluding that the husband “did nothing to advance his appeal of the divorce judgment,” nor “his appeal of [the] dismissal of the divorce appeal,” the judge awarded interest at the rate of nine per cent.”

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