HATCH LANDSCAPE & DESIGN, INC. v. DOUGLAS MACEDO (And a Consolidated Case).
261 N.E.3d 915
Mass. App. Ct.2025Background
- Hatch Landscape & Design, Inc. (Hatch) terminated Douglas Macedo’s employment, after which both parties signed a separation and release agreement.
- Hatch alleged in Superior Court that Macedo breached this agreement by retaining and using photographs of Hatch’s landscaping work to market his own, subsequent business.
- After a jury-waived trial, the judge found Macedo had indeed breached the agreement by downloading and using the photographs for his business.
- Macedo appealed, claiming the evidence did not support that the photos belonged to Hatch and that his taking of the photos was constitutionally protected as his own art and work in public.
- The appellate court noted the record on appeal was inadequate, lacking both the trial transcript and a copy of the agreement, making review of factual and legal findings impracticable.
- The appellate court affirmed the lower court’s judgment and denied any requests for appellate attorney’s fees due to insufficient documentation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Breach of Agreement (photo use) | Macedo used Hatch’s photos post-employment | Photos were taken by Macedo on public property, with his equipment | Affirmed breach; record insufficient to overturn finding |
| First Amendment/ownership of photos | (Not raised as central—ownership presumed) | Photos are Macedo’s own property, protected by First Amendment | Not reached; record inadequate for review |
| Adequacy of appellate record | (Implicitly argued record sufficient) | Record is sufficient or trial error | Record inadequate; court cannot review findings |
| Appellate attorney fees/costs | Requested by Hatch based on agreement | (No response; agreement not provided) | Denied; agreement not in record |
Key Cases Cited
- Commonwealth v. Woody, 429 Mass. 95 (standard for appellant’s burden to produce adequate appellate record)
- Arch Med. Assocs., Inc. v. Bartlett Health Enters., Inc., 32 Mass. App. Ct. 404 (if record on appeal incomplete, findings cannot be overturned)
- Chokel v. Genzyme Corp., 449 Mass. 272 (court not required to consider missing documents not in record appendix)
- Buddy's Inc. v. Saugus, 62 Mass. App. Ct. 256 (failure to provide transcript precludes review on appellate level)