972 N.E.2d 53
Mass. App. Ct.2012Background
- Until 2008, warrants requests under Mass.R.Civ.P. 64A allowed challenges to evidence in jury-waived trials in District/Boston Municipal Courts.
- Warrants were repealed with Mass.R.Civ.P. 64A and amended Mass.R.Civ.P. 52(c); latest practice uses proposed findings of fact and rulings of law.
- In this bench trial over attorney’s fees for Celus Fasteners, Lahnston claimed personal liability; Davis, Malm sought fees for work on Celus asset sale.
- Parties submitted warrants-like requests; judge issued terse, mixed responses, largely adopting the plaintiff’s submissions.
- Appellate Division affirmed on the merits; Lahnston renewed sufficiency challenge arguing the trial judge erred in not making independent findings.
- Court addresses preservation and the continued validity of warrants requests, ultimately holding warrants are obsolete and must use Rule 52(c) evidentiary findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of sufficiency issue on review | Lahnston preserved via warrants requests | Davis, Malm argues no proper preservation | Lahnston failed to preserve; review unavailable |
| Validity of warrants requests after repeal | Warrants still permitted under old practice | Warrants obsolete post-repeal | Warrants requests no longer valid; use Rule 52(c) findings |
| Judge's independence in rulings | Requests were properly treated as court rulings | Judge must provide independent findings | Judge lacked independent findings; error but not fatal to result |
Key Cases Cited
- Bresnick v. Heath, 292 Mass. 293 (Mass. 1935) (illustrates improper denial of warrant-like request when issues are disputed facts)
- Stella v. Curtis, 348 Mass. 458 (Mass. 1965) (distinguishes requests for rulings of law from findings of fact)
- DiGesse v. Columbia Pontiac Co., 369 Mass. 99 (Mass. 1975) (discusses handling of warrants in trial practice)
- Richards v. Gilbert, 336 Mass. 617 (Mass. 1958) (example of need for independent findings in rulings on requests)
- Caporale v. Big Y Foods, Inc., 2001 Mass. App. Div. 77 (Mass. App. Div. 2001) (illustrates appellate review of warrants-era practice)
- Norfolk County Trust Co. v. Green, 304 Mass. 406 (Mass. 1939) (principle on personal liability from signature language)