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Adams v. Adams
997 N.E.2d 107
Mass.
2013
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Background

  • Adams appeals a single justice's denial of his G. L. c. 211, § 3 petition from interlocutory rulings in his divorce case.
  • We previously (2011) vacated the portion valuing the husband’s Wellington Management partnership and remanded to value that interest consistent with our opinion.
  • On remand, the trial judge referred valuation to a special master and limited witnesses to those who testified previously.
  • Adams sought relief via G. L. c. 231, § 118 petitions to call a new expert and challenge the mandate limitation; both were denied.
  • He then filed a G. L. c. 211, § 3 petition arguing the rulings exceeded the remand mandate; we review under Rule 2:21 and affirm the denial.
  • We held that interlocutory order review was unavailable and that direct appeal is adequate for review; extraordinary relief was not warranted.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether interlocutory orders limiting witnesses are reviewable. Adams: should hear new expert; remand not limiting witnesses. Adams has had prior relief; no basis for new interlocutory relief. No extraordinary relief; interlocutory review not warranted.
Whether the petition under c. 211, § 3 is appropriate when direct appeal remains viable. Adams: needs superintendence relief to correct remand errors. Ordinary appellate process suffices; Rule 2:21 not satisfied. Direct appeal adequate; § 3 petition denied.

Key Cases Cited

  • Minkina v. Frankl, 464 Mass. 1021 (2013) (superintendence not substitute for ordinary trial and appeal)
  • Iagatta v. Iagatta, 448 Mass. 1016 (2007) (limitations on interlocutory review; extraordinary relief not warranted)
  • Adams v. Adams, 459 Mass. 361 (2011) (remand for valuation of partnership interest; generally affirmed otherwise)
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Case Details

Case Name: Adams v. Adams
Court Name: Massachusetts Supreme Judicial Court
Date Published: Oct 17, 2013
Citation: 997 N.E.2d 107
Court Abbreviation: Mass.