Tessema v. Nextel Systems Corp.
Court: Massachusetts Supreme Judicial Court; May 9, 2008; Massachusetts; State Supreme Court
A breach of contract action was initiated by the petitioner against Nextel Systems Corporation regarding a cellular telephone service plan in the small claims session of the Boston Municipal Court, resulting in a judgment in favor of Nextel. The petitioner sought reconsideration of this judgment, which was denied, as well as relief from the Chief Justice of the Boston Municipal Court and subsequently from a single justice of the Appeals Court, all without success. His later filing in the county court was treated as a petition under G. L. c. 211.3 and was also denied. The petitioner’s appeal included claims of judicial bias against the judge in the small claims session, but it was unclear whether his submissions were intended as a brief or memorandum under S.J.C. Rule 2:21. However, this rule did not apply since he was not seeking relief from an interlocutory ruling. The single justice reviewing the case found no abuse of discretion or error, noting that by pursuing his claim in small claims court, the petitioner waived his right to appeal any adverse ruling per G. L. c. 218.23 and relevant case law. The petitioner failed to provide evidence supporting his claims of bias. Consequently, the single justice was justified in denying relief, leading to the affirmation of the judgment.