Opinion
March 13, 1981.
The case was submitted on briefs.
Jack L. Altshuler for the plaintiff.
David S. Hoar for the defendant.
The plaintiff has purported to appeal from a decision of the Appellate Division of the District Courts vacating a finding for her in a case that had been remanded from the Superior Court pursuant to G.L.c. 231, § 102C. The plaintiff has no right to review by this court because the decision of the Appellate Division was not final. See Pupillo v. New England Tel. Tel. Co., 381 Mass. 714, 715 (1980); Fusco v. Springfield Republican Co., 367 Mass. 904, 906 (1975); Orasz v. Colonial Tavern, Inc., 365 Mass. 131, 139-140 (1974). The plaintiff had the right to have the case retransferred to the Superior Court for a trial de novo by making such a request within ten days of the decision of the Appellate Division. G.L.c. 231, § 102C. Orasz v. Colonial Tavern, Inc., supra. Only after that trial would a final judgment or decision arise as to which review in this court might be obtained. Pupillo v. New England Tel. Tel. Co., supra. In the circumstances, the appropriate order is
Appeal dismissed.