NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule

23.0 , as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28 , as amended by 73 Mass. App. Ct. 1001 [2009]) , are primarily directed to the parties and , therefore , may not fully address the facts of the case or the panel ' s decisional rationale. Moreover , such decisions are not circulated to the entire court and , therefore , represent only the views of the panel that decided the case. A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25 , 20 08 , may be cited for its persuasive value but , because of the limitations noted above , not as binding precedent. See Chace v. Curran , 71 Mass. App. Ct. 258 , 260 n.4 (2008).

COMMONWEALTH OF MASSACHUSETTS

APPEALS COURT

23

- P

- 106

CARE ONE MANAGEMENT , LLC

vs

.

GLORIA BROWN.

MEMORANDUM AND ORDER PURSUANT TO RULE 23.0

This case has a lengthy history which began in 2016 when

the plaintiff , Care One Management , LLC (Care One) filed a

lawsuit seeking to recover an unpaid balance that accrued while

the defendant ' s now deceased husband resided at a Care One

facility in Randolph. See Care One Management , LLC v. Brown , 98

Mass. App. Ct. 589 (202 0). M uch of that history is not relevant

to the issue before us , which is whether the defendant has a

right to appeal from an order entered by a single justice of

this court pursuant to G. L. c. 261 , § 27D. The order in

question was entered on December 2 1 , 2022 , and affirm ed a ruling

by a Superior Court judge denying the defendant ' s request that

the Commonwealth pay for a surety bond imposed as a condition of

granting the defendant ' s motion to remove the underlying default

judgment. T he defendant filed a notice of appeal

. Thereafter ,2

on January 11 , 2023 , a different single justice struck the

defendant ' s notice of appeal . The defendant ' s appeal f rom the

order entered on January 11 , 2023 , is now before us. We affirm.

The outcome of this appeal is controlled in all respects by

the applicable statute , G. L. c. 261 , § 27D , and case law , which

unequivocally state that the decision of a single justice of the

Appeals Court affirming a trial judge ' s denial of a request for

funds , is final. See Hurley v. Superior C our t Dep ' t of the

Trial Court , 424 Mass. 1008 , 1009 (1997). Because there was no

legal right to appeal from the order entered by the single

justice on December 21 , 2022 , the defendant ' s notice of appeal

was properly struck.

Additiona lly , to the extent the defendant asserts that

G. L. c. 261 , § 27D is not applicable , she is mistaken. We have

conducted a careful review of the record and have fo u nd no

support for th e defendant ' s position that the statute does not

apply

. Nor is there any support for the defendant ' s argument

that the single justice who entered the or d er on December 21 ,

2022 , failed to conduct a proper review because certain

pleadings and documents that had been submitted t o and reviewed

by the Superior Court judge were not transmitted to the single

justice. First , it was incumbent upon the defendant to provide

all relevant documents to the single justice

. S ee Mass. R. A.

P. 9 (b) & (d) , as appearing in 481 Mass. 1615 (201 9) ; Mass. R.3

A. P. 18 ( a) (1) (A) , as a ppearing in 481 Mass. 1637 (2019)

.

Second , notwithstanding th is failure to provide the material at

issue , the single justice has the authority to take judicial

notice of court records in a related action

. S ee Jarosz v
.

Palmer , 436 Mass. 526 , 530 (2002) . And third , the defendant

filed a motion for reconsideration , which was denied , that

included all the relevant material considered by the Superior

C ourt judge. 1

Order of the single justice entered on January 11, 2023 , striking notice of appeal affirmed

.
By the Court (Vuono , Hershfang & Toone , JJ. 2 ) ,

Assistant Clerk

Entered: March 5 , 2024.

1 The defendant's motion docketed on April 20, 2023 is denied

. 2 The panelists are listed in order of seniority.