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Born v. Haverhill Golf & Country Club6/13/2003
an appeal from a money judgment, that permits a Massachusetts trial judge to order the posting of bond as a condition of pursuing the appeal. MacLachlan v. Brotherhood Oil Corp., 10 Mass. App. Ct. 811, 812 (1980). See Schlager v. Board of Appeal of Boston, 9 Mass. App. Ct. 72, 77 n.12 (1980). As the court noted in Damaskos v. Board of Appeal of Boston, 359 Mass. at 64, appeal bonds raise questions about obstructing proper appeals, that is, those that raise substantial appellate issues.
Parties may request from a trial court judge an attachment of real property or the grant of security interest in personal property to protect a judgment pending appeal. For purposes of releasing or avoiding such an attachment or security interest, a judge may order the posting of a security bond by way of substitution. Also, a trial or appellate judge may stay the operation of injunctive relief during the pendency of an appeal and may order the posting of a bond to secure the rights of the party that prevailed at trial. See Mass.R.Civ.P. 62(c), 365 Mass. 830 (1974), and Mass.R.Civ.P. 62(e), 382 Mass. 821 (1980). We repeat, by way of emphasis, that what we take not to be authorized by our rules of procedure is a general power to order the posting of appeal bonds in cases involving judgments for the payment of money. That was the purpose of the appeal bond ordered in this case. Accordingly, the order for the posting of a bond should not have been entered.
13. Plaintiffs' claim under G. L. c. 93A. The plaintiffs sought damages under G. L. c. 93A, ยง 2, on the ground that the Club exercised bad faith, hence acted unfairly, in the application of membership rules. These claims arise out of the same bundle of facts as those which underlay the discrimination damages. The multiple damages factor in c. 93A claims has been satisfied by the punitive damages that were awarded in connection with the discrimination claims. The plaintiffs have also already recovered their legal fees. The judge was right to dismiss the c. 93A claims as duplicative. See Calimlim v. Foreign Car Center, Inc., 392 Mass. 228, 235 (1984).
The judgment in No. 01-P-1705 is affirmed. Concerning the bond that is the subject of the appeal in No. 00-P-1732, the order requiring the posting of that bond is vacated. The parties shall bear their own legal fees relating to this appeal.
So ordered.
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