Halperson v. Halperson
Docket: No. 05-P-490
Court: Massachusetts Appeals Court; February 9, 2006; Massachusetts; State Appellate Court
A Probate and Family Court judge bifurcated the issue of the validity of an antenuptial agreement from the divorce proceedings. Following a brief trial, a different judge ruled the antenuptial agreement invalid, leading to a judgment to that effect. The remaining divorce issues are still unresolved. The husband's appeal regarding the interlocutory ruling on the antenuptial agreement is deemed not properly before the appellate court, which remands the case back to the Probate and Family Court for further proceedings. The appellate court cites precedent, noting that the judgment in question does not resolve all issues and lacks the necessary certification under Mass. R.Civ. P. 54(b) to be considered final. Additionally, the trial judge did not utilize Mass. R.Civ. P. 64 for extraordinary reporting, further complicating the appeal's standing. The remand includes instructions to vacate the notice of assembly of the record issued on March 31, 2005, and neither party will bear the costs of the appeal. The court refrains from commenting on whether the validity of the antenuptial agreement constitutes a separate claim suitable for certification under Rule 54(b). The husband also sought a stay of proceedings in both the trial court and appellate court, which was denied.