41 Mass. App. Ct. 282 | Mass. App. Ct. | 1996
The plaintiffs sued Greyhound Real Estate
The plaintiffs appealed the sanction to a single justice of this court, as authorized by G. L. c. 231, § 6G.
A plausible argument can be constructed for the proposition that amended § 6G should be read to exclude any further appeal to a full panel of this court from a final determination by the single justice of an appeal of a § 6F award. It is accordingly incumbent upon us to address the novel issue of the proper interpretation of the 1992 amendment to G. L. c. 231, § 6G, before addressing the merits, since jurisdictional issues should, except in extraordinary circumstances, be addressed whenever raised. See Litton Bus. Sys., Inc. v. Commissioner of Rev., 383 Mass. 619, 622 (1981); Goes v. Feld-man, 8 Mass. App. Ct. 84, 85 (1979); Shea v. Neponset River Marine & Sportfishing, Inc., 14 Mass. App. Ct. 121, 129 (1982). From 1976 until 1992, § 6G said nothing about a decision of the single justice being “final,” but only that the single justice hearing the appeal “shall schedule a speedy hearing thereon” and conduct the appeal “according to the Massachusetts Rules of Appellate Procedure.” See note 5, supra. It was recognized at the time that the provisions of § 6G constituted “a confusing statutory scheme,” Bailey v. Shriberg, 31 Mass. App. Ct. 277, 284 (1991), containing “an anomalous route of appeal,” id. at 282, as well as other “obscurities.” Katz v. Savitsky, 10 Mass. App. Ct. 792, 793 (1980). Chief among such obscurities was the question whether the single justice’s determination of a § 6G appeal was reviewable by a panel of the Appeals Court, a matter as to which the statute was silent. Ibid.
That issue was resolved in Katz v. Savitsky, where this court construed the original version of the statute to admit of panel review because “there is nothing in § 6G which purports to attribute any measure of finality to an order entered by one of our single justices under that section.” 10 Mass. App. Ct. at 794. The court contrasted § 6G in this respect with G. L. c. 261, § 27D, which has always expressly
With the enactment of St. 1992, c. 133, § 561, the rationale of Katz v. Savitsky seemed to vanish and with it the underpinning of the justification for full panel review of single justices’ § 6G rulings. Finality has, the defendant Greyhound contends, been explicitly accorded the § 6G decision of the single justice. Greyhound ignores, however, the words in the sentence of the second paragraph of amended § 6G that immediately follows “shall be final”: “Any appeal to the supreme judicial court or the appeals court shall proceed according to the Massachusetts Rules of Appellate Procedure.” Those words, the plaintiffs maintain, must envision continued § 6G appeal to and review by a panel of the Appeals Court.
The 1992 amendment to § 6G plainly injected an ambiguity into the statute with respect to the decision of the single justice. We are obliged to give ambiguous, imprecise, or faultily drafted statutes “a reasonable construction,” with the primary goal of “construing] the statute to carry out the legislative intent.” Massachusetts Commn. Against Discrimination v. Liberty Mut. Ins. Co., 371 Mass. 186, 190 (1976). In doing so, we must “avoid[] a construction which would negate legislative intent or defeat its intended utility.” Milton Commons Assocs. v. Board of Appeals of Milton, 14 Mass. App. Ct. 111, 116-117 (1982). We attempt to ascertain legislative intent first, as we do with all statutes, “from the words used.” Lehan v. North Main St. Garage, Inc., 312 Mass. 547, 550 (1942). We examine the words used both in the problematic section and in “other parts of the statute.” Commonwealth v. Galvin, 388 Mass. 326, 328 (1983). We give all those words their usual, ordinary, and common meanings. G. L. c. 4, § 6, Third. Prudential Ins. Co. v. Boston, 369 Mass. 542, 546 (1976). Our objective is to confer upon the “statute . . . as a whole ... an internal consistency,” Commonwealth v. Fall River Motor Sales, Inc., 409 Mass. 302, 316 (1991), as well as fidelity to the extracted legislative purpose.
Applying these tools of statutory construction, in the absence of any illuminating legislative history, one might initially conclude that the General Court may well have intended to make the single justice’s resolution of the appeal
Further buttressing the nonreviewability position are the statutory command that the single justice’s “final” decision must be “speedy” and the structure of § 6G, which seems inconsistent with any further review beyond the “speedy” and “final” decision of the single justice. The Legislature left what might be viewed as a salient clue to its intent in a distinct change made by the 1992 amendment. The original mandate of § 6G, that the single justice hold “a speedy hearing” on an appeal of a § 6F award, was transformed into the requirement that there be a “speedy decision” on such an appeal. Such a telling alteration of the statutory language “bespeaks a clear Legislative intention to expedite” the appellate process. Cf. Commonwealth v. Gove, 366 Mass. 351, 354, 356 (1974). To permit the delay necessarily attendant upon a second tier
An additional appeal from a single justice’s decision might also be seen as a deviation from the apparent statutory design for single-tier appellate review of a § 6F award. The first paragraph of § 6G creates two parallel avenues of appeal: one, to the single justice of the Appeals Court, from § 6F decisions by judges of the Superior, Land, Housing or Probate Court; and the other, to the full bench of the Supreme Judicial Court, from § 6F decisions that “arise[] in the appeals court”
Notwithstanding these valid points in support of the nonre-
We conclude that the words “appeal to . . . the appeals court” cannot be disregarded as surplusage, because it is possible to give them not merely a functionally meaningful but an institutionally desirable construction. The single justice’s decision must, of course, enjoy some measure of finality, else
It might be reasoned that the finality language of amended § 6G was intended to preclude panel review of legal errors because of the continued availability of G. L. c. 249, § 4. That statute affords relief by way of an action in the nature of certiorari to correct judicial legal errors apparent on the record where a statute provides no other method of review. See Bielawski v. Personnel Administrator of the Div. of Personnel Admn., 422 Mass. 459, 463-464 (1996). It is a remedy that is available even when a statute provides that the ruling of the court whose decision is sought to be reviewed “shall be final.” See McLaughlin v. Mayor of Cambridge, 253 Mass. 193, 199-200 (1925).
On this very issue, however, Katz v. Savitsky, supra, retains vitality and points to the continued propriety of panel review for errors of law under revised § 6G. The decision in Katz v. Savitsky rested not solely on the lack of any indicia of finality in the original version of the statute but, more basically, on “sound principles of judicial administration.” 10 Mass. App. Ct. at 795. Construing § 6G to prevent appeal to a panel by those aggrieved by a single justice’s order would predictably “lead to a practice under which persistent counsel would take those orders by complaints in the nature of certiorari ... to the single justices of the Supreme Judicial Court, who could not transfer the cases elsewhere under G. L. c. 211, § 4A, and whose judgments would be subject to still further appeal under G. L. c. 231, § 114. . . . [I]t would hardly serve the purpose for which this court was created for us to throw the orders entered by our single justices under G. L. c. 231, § 6G, into the Supreme Judicial Court.” 10 Mass. App. Ct. at 794-795.
For present purposes we need not go beyond this conclusion and need not consider the finality of a single justice’s § 6G decision with respect to findings of fact or discretionary rulings.
The order of the single justice affirming the Superior Court judge’s award of attorney’s fees to the defendant is accordingly vacated, and the matter is remanded to the Superior Court for further action not inconsistent with this opinion.
So ordered.
General Laws c. 231, § 6F, as inserted by St. 1976, c. 233, § 1, provides in pertinent part, that sanctions in the form of “reasonable counsel fees and other costs” may be imposed on motion of a party, after a hearing, upon the court’s determination, made “as a separate and distinct finding, that all or substantially all of the claims . . . were wholly insubstantial, frivolous and not advanced in good faith”; and the court “shall specify in reasonable detail the method by which the amount of the award was computed and the calculation thereof.”
At the time of the plaintiffs’ appeal, § 6G, as amended by St. 1992, c. 133, § 561, provided (and still provides) as follows: “Any party aggrieved by a decision on a motion pursuant to section six F may appeal as hereinafter provided. If the matter arises in the superior, land, housing or probate court, the appeal shall be to the single justice of the appeals court at the next sitting thereof. If the matter arises in the appeals court or before a single justice of the supreme judicial court, the appeal shall be to the full bench of the supreme judicial court. The court deciding the appeal shall review the finding and award, if any, appealed from as if it were initially deciding the matter, and may withdraw or amend any finding or reduce or rescind any award when in its judgment the facts so warrant.
“Any party may file a notice of appeal with the clerk or register of the court hearing the motion within ten days after receiving notice of the decision thereon. The clerk or register shall then forward the motion, the court’s
Prior to the 1992 amendment, and from the date of its promulgation by St. 1976, c. 233, § 1, G. L. c. 231, § 6G, read as follows: “Any party aggrieved by a decision on a motion pursuant to section six F may appeal as hereinafter provided. If the matter arises in the superior, land, housing or probate court, the appeal shall be to the single justice of the appeals court at the next sitting thereof. If the matter arises in the appeals court or before a single justice of the supreme judicial court, the appeal shall be to the full bench of the supreme judicial court. The court hearing the appeal shall review the finding and award, if any, appealed from as if it were initially deciding the matter, and may withdraw or amend any finding or reduce or rescind any award when in its judgment the facts so warrant.
“Any party may file a notice of appeal with the clerk or register of the court hearing the motion within ten days after receiving notice of the decision thereon. The clerk or register shall then forward the motion, the court’s findings and award, and any other documents relevant to the appeal to the clerk of the court hearing the appeal who, upon receipt thereof, shall schedule a speedy hearing thereon and send notice thereof to the parties. Any appeal to the supreme judicial court or the appeals court, or to a justice of either court, shall proceed according to the Massachusetts Rules of Appellate Procedure. Any other appeal filed pursuant to this section shall be heard upon statements of counsel and memoranda submitted by the parties without the taking of further testimony, unless the court hearing the appeal shall find that the taking of further testimony would aid the disposition of the appeal. The payment of any award made pursuant to section six F shall be stayed until the completion of all appeals relating to the civil action in which the award was made.” (Emphasis added.)
The panel’s research has also failed to uncover any relevant legislative history concerning St. 1992, c. 133, § 561.
These common meanings of the adjective “final” do not include the specialized, alternative meaning of “final” when applied to a judgment of a trial court that ends litigation on the merits and becomes at that point appealable. That technical legal meaning has no relevance to the present circumstances. See Black’s Law Dictionary 629 (6th ed. 1990) (which also records the usual meaning of “a decision from which no appeal or writ of error can be taken”).
The explicit differentiation of the Appeals Court single justice from “the appeals court” in G. L. c. 231, §§ 6E and 6G, makes it clear that the “appeals court” here referred to is not the single justice but rather one of the three-judge panels of the court that decides “all matters required to be heard by the Appeals Court.” See G. L. c. 211 A, §§ 1, 3, 13; Mass.R.A.P. 1(c), 365 Mass. 844-845 (1974).
Even under the original language of § 6G, the decision of the Supreme Judicial Court on appeal of a § 6F award was indisputably final without need for statutory recitation of that fact. Against that background, the 1992 amendment’s use of the word “final” might seem to have functional meaning only in application to the decision of the Appeals Court single
See Johnedis, Impact of the Appeals Court on the Supreme Judicial Court, 77 Mass. L. Rev. 146, 146-147, 154 (1992).
“The Legislature must be assumed to know the preexisting law and the [relevant] decisions of this court” when a statutory revision is being construed for legislative intent. Selectmen of Topsfield v. State Racing Commn., 324 Mass. 309, 313 (1949).
Since, as noted earlier, a single justice’s decision under amended § 6G must possess some degree of nonreviewable definitiveness if the word “final” is to have any meaning — which we are bound by the canons of statutory construction to presume — it seems likely that such true finality will reside in a single justice’s findings of fact. Cf. Opinion of the Justices, 251 Mass. 569, 616 (1925) (“[The proposed statute says] the decree of the Superior Court ‘shall be final’ .... ‘Where jurisdiction is given to a court or magistrate by a statute, and there is no provision for an appeal, the decision of the court or magistrate is final’ . . . subject [only] to the limited review available by writ of certiorari”); McLaughlin v. Mayor of Cambridge, 253 Mass, at 199 (“Although the statute provides that ‘The decision of the court shall be final and conclusive upon the parties,’ and as such [the] decision, so far as it relates to questions of fact, will not be reversed, yet the parties are not deprived of the right to have manifest errors of law corrected by a writ of certiorari”). As to discretionary matters, it should make little practical difference to the outcomes in the vast majority of cases whether single justice decisions are reviewable for abuse of discretion, because of the highly deferential applicable standard of review. The party “who claims an abuse of . . . discretion assumes a heavy burden. . . . On appellate review of a claim of an abuse of discretion . . . ‘[t]he question is not whether we . . . should have made an opposite decision from that made by the . . . judge. To sustain . . . [the claim] it is necessary to decide that no conscientious judge, acting intelligently, could honestly have taken the view expressed by him.’ ” Mazzoleni v. Cotton, 33 Mass. App. Ct. 147, 152-153 (1992) (citations omitted).
Greyhound’s request for double costs pursuant to G. L. c. 211 A, § 15, is denied.