seal

Court Case Record CAPSTAR HOTEL CO., LLC vs. ARROWSTREET, INC. & another 2013-J-0373 UID(338d)


CAPSTAR HOTEL CO., LLC vs. ARROWSTREET, INC. & another Court Case Record

Court Case Number: 2013-J-0373


 
Case Number2013-J-0373
Case TitleCAPSTAR HOTEL CO., LLC vs. ARROWSTREET, INC. & another
Case TypeCivil
StateMassachusetts, MA
CountyMiddlesex
CourtMiddlesex Superior Court
Court Address
Phone
Field Date08/30/2013
Close Date09/04/2013

Parties

CounselNameType
Sakib Afzal Khan, EsquireCapstar Hotel Co., LLCPlaintiff/Respondent
Jeffrey L. Alitz, EsquireArrowstreet, Inc.Defendant
Eric Reustle, EsquireRolf Jensen & Associates, Inc.Defendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
08/30/2013 #1 Petition pursuant to M.G.L. c. 231, ยง 118 with attachments, filed by Rolf Jensen & Associates, Inc.^
09/04/2013 #2 ORDER: The defendant Jensen & Associates, Inc., have filed a petition, pursuant to G.L. c. 231, s. 118, seeking review of the Superior Court's decision awarding partial summary judgment to the plaintiff and denying the defendant's motions for summary judgment and for judgment on the pleadings. The petition is denied. To successfully challenge the trial court's entry of partial summary judgment for the plaintiff, the defendant would need to demonstrate a clear error of law or an abuse of discretion. Neither has been demonstrated here. To the extent that the defendant's petition seeks an order from this court that would result in judgment in its favor, the single justice is without authority to vacate the challenged order because to do so would be outcome determinative; this is prohibited by Mass.R.A.P. 15(c). The defendant further requests leave to take an interlocutory appeal from the order denying the motion to dismiss, I have reviewed the petition and supporting materials to determine whether such leave should be granted and conclude that an interlocutory appeal is not warranted. See Long v. Wickett, 50 Mass. App. Ct. 380, 387-389 (2000) (discussing "the appellate courts' traditional abhorrence of piecemeal appellate review"). The petition is denied. (Vuono, J.) *Notice/Attest/Henry, J. Footnote: (1) Rolf Jensen & Associates, Inc.