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SPEROUNES v. FARESE

449 Mass. 800 (2007)

PAUL SPEROUNES v. ALFRED PAUL FARESE, trustee.

Supreme Judicial Court of Massachusetts, Suffolk.

September 17, 2007.

Attorney(s) appearing for the Case

Michael L. Altman (Alissa L. Poynor with him) for the plaintiff.

Leo S. Fama, II, for the defendant.

Dustin F. Hecker, for Boston Bar Association, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, & CORDY, JJ.

CORDY, J.

In 2004, the Legislature enacted a Statewide one-trial system for civil cases. St. 2004, c. 252. It provided that a civil case could proceed to trial in the District Court "only if there is no reasonable likelihood that recovery by the plaintiff will exceed $25,000," G. L. c. 218, § 19. The statute also provides that a judge in the District Court "may dismiss the case without prejudice" (emphasis added...

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