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TRENZ v. FAMILY DOLLAR STORES OF MASSACHUSETTS, INC.

No. 07-P-1771.

73 Mass. App. Ct. 610 (2009)

JAMES W. TRENZ, trustee, v. FAMILY DOLLAR STORES OF MASSACHUSETTS, INC.

Appeals Court of Massachusetts, Plymouth.

January 29, 2009.

Attorney(s) appearing for the Case

Peter B. Morin for the plaintiff.

Raymond H. Tomlinson, Jr., for the defendant.

Present: McHUGH, DREBEN, & GREEN, JJ.

GREEN, J.

When separately commenced cases are consolidated by court order, is a judgment entered in fewer than all of the consolidated cases appealable without a certification under Mass.R.Civ.P. 54(b), 365 Mass. 820 (1974)? For the reasons explained below, we answer the question in the negative and dismiss the plaintiff's appeal.

Background. The plaintiff is the defendant's landlord under a long-term commercial lease. Claiming that the tenant was in...

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