skip to main content

News & Insights

Ben Wish offers insights on court decision denying appeal bond in civil suit

A Massachusetts Superior Court judge recently denied a lawyer’s request for a bond to secure his $308,000 judgment for breach of contract against his former law partner who is appealing the judgment.

The prevailing attorney earlier in the case obtained attachments on financial accounts of his former law partner as well as on real estate to secure the damages award.

Superior Court Judge Peter B. Krupp ruled that Massachusetts law doesn’t permit post-judgment security for a money judgment absent exceptional circumstances, which were not present in the case.

Ben Wish in a news article published by Massachusetts Lawyers Weekly said the judge’s decision is consistent with Massachusetts statutory law and rules of appellate procedure.

A partner at the firm, Mr. Wish said a party in a money damages case should seek security in earlier stages of the litigation.

“You cannot rely on the trial court to afford you an additional opportunity to get that security in the form of a bond simply because there is an appeal,” he said.