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Court Case Record INVIDIA, LLC vs. MAREN DIFONZO 2012-J-0411 UID(bc9c)


INVIDIA, LLC vs. MAREN DIFONZO Court Case Record

Court Case Number: 2012-J-0411


 
Case Number2012-J-0411
Case TitleINVIDIA, LLC vs. MAREN DIFONZO
Case TypeCivil
StateMassachusetts, MA
CountyMiddlesex
CourtMiddlesex Superior Court
Court Address
Phone
Field Date11/05/2012
Close Date11/07/2012

Parties

CounselNameType
Seth H. Salinger, EsquireInvidia, LLCPlaintiff/Petitioner
Jack K. Merrill, EsquireMaren DiFonzoDefendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
11/05/2012 #1 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Invidia, LLC.
11/05/2012 #2 Motion for leave to file a brief in excess of 15 pages in support of its petition, filed by Invidia, LLC.
11/07/2012 #3 ORDER: The plaintiff has filed a petition pursuant to G. L. c. 231, § 118 (second par.), in which it seeks review of an order of the Middlesex Superior Court that denied its motion for a preliminary injunction. The plaintiff's petition is dismissed as the proper avenue of review of the denial of a preliminary injunction sought by a litigant under paragraph 2 of § 118 is by timely filing a notice of appeal in the trial court to a full panel of the Appeals Court. Even had the petition been filed under G. L. c. 231, § 118 (par. one), I would have denied the petition as the standard for single justice relief have not been met. "In most cases, based on the deference normally accorded determinations by the judge who heard the matter in the first instance, the single justice will decline to act on an application for relief under G. L. c. 231, § 118, first par., that does not disclose clear error of law or abuse of discretion." Jet Line Servs., Inc. v. Selectmen of Stoughton, 25 Mass. App. Ct. 645, 646 (1988). See also Westinghouse Bdcst. Co. v. New England Patriots Football Club, Inc. 10 Mass. App. Ct. 70, 75 (1980); Carabetta Enterprises, Inc. v. Schena, 25 Mass. App. Ct. 389, 392 (1988). I discern no such clear error of law or abuse of discretion in the carefully considered memorandum and order on plaintiff's motion for preliminary injunction. (Kafker, J.). *Notice/Attest/Wilson, J.