Demoulas Super Markets v. Peter's Market

A party who seeks to appeal from an interlocutory order under the second paragraph of G. L. c. 231, § 118, must initiate his appeal by filing a notice thereof in the lower court within the time limit specified in rule 4 of the Massachusetts Rules of Appellate Procedure and must thereafter proceed in accordance with the provisions of rules 9 and 10 respecting assembly of the record in the lower court and the docketing of the appeal in this court. [751-754] This case purports to come before us as an interlocutory appeal under the second paragraph of G. L. c. 231, § 118, as appearing in St. 1977, c. 405. 1 It is one of many cases in which parties claiming to be aggrieved by orders entered in the Superior Court on applications for preliminary injunctions have attempted to enter appeals in this court without first filing a notice of appeal in the lower court and without prior compliance with the rules relative to assembly of the record and docketing. The purpose of this opinion is to state our views as to the procedure which must be followed in prosecuting interlocutory appeals under the new statute. 2