Generally, the Appeals Court has concurrent jurisdiction over matters arising in Superior Court. She asserted that the loss of her job was an irreparable injury, because, due to the delay inherent in litigation, she could not be adequately compensated by any future damage award.
Accord Gibbs Ford, Inc.
Alternatively, a litigant may, pending appeal, seek temporary relief pursuant to Mass. In a case like this, the petition referred to in Sectionfirst par.
Kowal for the plaintiff. Discussion of the interlocutory review procedures set forth in G. The first and second paragraphs of Section describe two distinct interlocutory procedures. The "appropriate appellate court" is the court -- either this court or the Appeals Page Court -- "in which any ultimate appeal of the completed case would have to be entered.
Instead, after the Appeals Court single justice denied her request for relief, Ashford appealed directly to a single justice of this court. Section sets forth the procedure for a report by the single justice. Nabhan, supra at The first paragraph [Note 5] allows a litigant to petition the appropriate appellate court.
Superior Court, Mass. So too, the order of a single justice of this court granting injunctive relief is immediately appealable to this court. She also sought damages from three individuals involved in her discharge.
This authority includes the power to grant an injunction that has been denied in the Superior Court. In Sage, unlike this case, the single justice authorized the litigant to pursue an interlocutory appeal.
Preferred Truck Leasing, Inc. See Demoulas Super Mkts.
The single justice did not report this matter and thus Section is not applicable. Ashford could have asked the single justice to expedite that appeal or to grant relief pursuant to either G. Absent a report, that decision may not be reviewed until the entire case is ripe for review. After entering her appeal in the Appeals Court, Ashford could have applied to this court for direct appellate review.
Ashford followed none of these procedures. The denial of injunctive relief is not reviewable "unless the single justice has reported his action to the full court or has allowed a petition requesting interlocutory appellate review.
United Truck Leasing Corp.On December 14,Ashford was terminated from her job as a bus driver with the MBTA after the MBTA investigated an incident in which she allegedly assaulted another employee.
According to the MBTA, Ashford was terminated for four violations of MBTA rules and for her unsatisfactory disciplinary record.
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