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