FINN v. McNEIL


23 Mass. App. Ct. 367 (1987)

502 N.E.2d 557

DANIEL F. FINN vs. JOSEPH A. McNEIL, trustee.

Appeals Court of Massachusetts, Essex.

January 8, 1987.


Attorney(s) appearing for the Case

Mary P. Harrington for the plaintiff.

Peter J. Arvanites for the defendant.

Present: GRANT, KASS, & WARNER, JJ.


KASS, J.

Before we consider the merits of this case, concerning an agreement for the purchase and sale of real property, it is necessary to dispose of a procedural question involving Mass.R.A.P. 4(a), as amended effective January 1, 1985, 393 Mass. 1239.

1. The Procedural Question.

As now in effect, rule 4 (a) extinguishes a notice of appeal from a judgment where the notice of appeal is filed prior to the disposition of a postjudgment motion...

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