Caldwell v. Collier

Massachusetts Appeals Court

Decided December 22, 1977

Massachusetts Appeals Court · decided 1977-12-22

Relies on New England Canteen Service, Inc. v. Ashley

Good law ✅— No negative treatment on recordhow we know

Decided 1977-12-22

How this case has been cited

Cited by 8 later decisions — most recently July 1990

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1As the express determination required by Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), does not appear on the record, the so called *904judgment entered in this action is “interlocutory in nature and not ripe for full review until all issues [as to all of the parties] are resolved at the trial level.” New England Canteen Serv., Inc. v. Ashley, 372 Mass. 671, 677 (1977). See 6 Moore’s Federal Practice par. 54.34 [2.2], at 561 & n.10 (2d ed. 1976). Accordingly, the appeal from the granting of summary judgment for the defendant Wheaton Van Lines, Inc., is dismissed. Compare New England Canteen Serv., Inc. v. Ashley, supra at 677-678, and authorities cited.

Edward A. Sokoloff for the plaintiff.Bertram E. Snyder for Wheaton Van Lines, Inc.

¶2So ordered.