MBM has a successful track record of representing clients on appeal in both state and federal court. MBM prosecutes and defends appeals in all areas of our practice, including but not limited to, condominium transition and construction defect actions, zoning and land use, and real estate law. Since success on appeal is rooted in identifying and preserving legal issues at the trial level, but also understanding the nuanced and distinct processes of the appellate courts, both trial and appellate experience is vital. MBM’s attorneys have that experience. Clients that engage us at the trial court level frequently rely on MBM to represent them on appeal, but we also welcome new clients for the sole purpose of prosecuting or defending an appeal on their behalf.
Our attorneys practice regularly before the Massachusetts Appeals Court and the Supreme Judicial Court and have successfully appeared in the U.S. Court of Appeals for the First Circuit. MBM has efficiently achieved favorable results for its clients on appeal involving a broad array of legal issues. Several of our cases have involved issues of first impression resulting in landmark decisions.
Representative cases include:
- Prevailed in the First Circuit Court of Appeals in the matter of Wilmington Savings Fund Society, FSB v. Collart, 980 F.3d 210 (2020), obtaining a reversal of U.S. District Court’s grant of an equitable lien against party that inherited money from her father’s estate.
- Successfully represented a condominium association before the Massachusetts Supreme Judicial Court in the case of Drummer Boy Homes Association, Inc. v. Britton, 474 Mass. 17 (2016), in a case of first impression establishing that a condominium association may maintain multiple, contemporaneous priority liens in connection with filing successive actions to enforce a lien for unpaid common expense assessments. [Click here for Article: Lawyers Weekly, Vol. 45, Issue 15; Click here for Oral Argument before SJC or press play on the video shown on this page].
- Successfully represented a condominium association in the trial court and before the Appeals Court and the Massachusetts Supreme Judicial Court in the matter of Wyman v. Ayer Properties, LLC, 469 Mass. 64 (2014), a construction defect action establishing new principle of law limiting the scope and application of the economic loss rule in connection with condominium association’s negligent design and construction claims.
- Obtained reversal in the Appeals Court of a Land Court Judgment in the case of The Trustees of Beechwood Village Condominium Trust v. USAlliance Federal Credit Union, 95 Mass. App. 278 (2019), establishing, on a question of first impression, principal that a partial discharge of a unit from an unsubordinated mortgage on common area releases all the common area from that mortgage. [Click here for Article: Lawyers Weekly, Vol. 48, Issue 21].
- Obtained reversal in the Appeals Court of a Land Court summary judgment decision in the matter of Bruno v. Zoning Board of Appeals of Tisbury, 93 Mass. App. Ct. 48 (2018), establishing that statute of limitations for zoning enforcement actions commences for “approval not required” subdivided lots upon conveyance of lot and not upon endorsement of plan.
Several of our cases have involved issues of first impression resulting in landmark decisions.