Posts tagged "1001118"

Minkina v. Rodgers, Powers & Schwartz, LLP (Lawyers Weekly No. 10-011-18)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030;   SJC-12407   NATALY MINKINA  vs.  RODGERS, POWERS & SCHWARTZ, LLP.     January 16, 2018.     Supreme Judicial Court, Superintendence of inferior courts.     The petitioner, Nataly Minkina, appeals from a judgment of a single justice of this court denying her petition pursuant to G. L. c. 211, § 3.  We affirm.   Minkina is the defendant in a civil lawsuit commenced in the Superior Court in Norfolk County by the respondent, Rodgers, Powers & Schwartz, LLP, to collect on a judgment issued by the Superior Court in Suffolk County pursuant to G. L. c. 231, § 6F.  In her G. L. c. 211, § 3, petition, Minkina sought review of several interlocutory trial court orders, including an order denying her motion to recuse and an order allowing a motion for expenses filed by Rodgers, Powers & Schwartz, LLP (related to its efforts to compel Minkina to produce discovery).  The single justice denied the petition without a hearing.   The case is now before us pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001), which requires a showing that “review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means.”  S.J.C. Rule 2:21 (2).  Minkina has not made, and cannot make, such a showing.  She has already sought interlocutory review of the trial court rulings in question under G. L. c. 231, § 118, first par., and has been denied relief by a single justice of the Appeals Court.  She is not entitled as of right to additional review at this stage.  See Iagatta v. Iagatta, 448 Mass. 1016, 1017 (2007); Greco v. Plymouth Sav. Bank, 423 Mass. 1019, 1019-1020 (1996) (“Review under G. L. c. 211, § 3, does not lie where review under c. 231, § 118, would suffice”).[1]  Moreover, she can adequately raise her claims, and get the appropriate relief if warranted, on appeal from any adverse final judgment in the trial court.  The single justice did not err or abuse his discretion in denying relief under G. L. c. 211, § 3.   This is the third time that Minkina has improperly sought relief in this court pursuant to G. L. c. 211, § 3.  See Minkina v. Frankl, 464 Mass. 1021 (2013); Minkina v. Frankl, 458 Mass. 1003 (2010).[2]  We made clear in those earlier decisions that relief pursuant to G. L. c. 211, § 3, is properly denied where, as here, […]


Posted by Massachusetts Legal Resources - January 16, 2018 at 8:21 pm

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