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GIBBS FORD, INC. v. UNITED TRUCK LEASING CORP.

399 Mass. 8 (1987)

502 N.E.2d 508

GIBBS FORD, INC. vs. UNITED TRUCK LEASING CORPORATION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

January 8, 1987.

Attorney(s) appearing for the Case

Harold Meizler (Saul L. Benowitz with him) for the defendant.

Fred A. Kelly, Jr. (Duncan S. Payne with him) for the plaintiff.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.

ABRAMS, J.

We transferred the case to this court on our own motion to decide three questions posed by a single justice of the Appeals Court. The main question is whether "a single justice of an appellate court [may] modify an order of a trial judge dismissing a count or counts in a complaint, but not the entire complaint?"2 We conclude that where, as here, the trial judge does not make an express...

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