Latham v. Aramark Corporation
CourtMassachusetts Supreme Judicial Court
Date FiledNovember 5, 2026
DocketSJC 13990
StatusPublished
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Full Opinion
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SJC-13990
LINCOLN G. LATHAM, JR. vs. ARAMARK CORPORATION.
November 5, 2026.
Supreme Judicial Court, Superintendence of inferior courts.
Lincoln G. Latham, Jr., acting pro se, appeals from a
judgment in the county court denying his petition for relief
under G. L. c. 211, § 3. We affirm.
On June 17, 2026, Latham commenced a civil action in the
Superior Court seeking injunctive and equitable relief against
the respondent. The respondent moved for a thirty-day extension
of time to respond to the complaint, over Latham's objection,
and the motion was allowed. Latham then filed a petition in the
Appeals Court, pursuant to G. L. c. 231, § 118, first par.
(§ 118 petition), challenging the allowance of the thirty-day
extension. A single justice of the Appeals Court denied the
§ 118 petition. Six days later, Latham filed the instant
petition under G. L. c. 211, § 3, in the county court. A single
justice of this court denied the petition without a hearing, and
Latham appeals.
Latham has filed a memorandum and appendix pursuant to
S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001), which
requires a petitioner seeking relief from an interlocutory
ruling of the trial court to "set forth the reasons why review
of the trial court decision cannot adequately be obtained on
appeal from any final adverse judgment in the trial court or by
other available means."1 Latham cannot meet that burden here, as
1 Latham subsequently filed a brief, as well as a motion to
file a nonconforming brief. Because rule 2:21 is applicable
2
he already challenged the trial court ruling in his § 118
petition, and he "was not entitled as of right to additional
interlocutory review of that ruling pursuant to G. L. c. 211,
§ 3." Liriano v. Superior Court in Suffolk County, 497 Mass.
1028, 1030 (2026), quoting Anderson v. Panagiotopoulos, 480
Mass. 1031, 1032 (2018). See Montanez v. Flahive, 484 Mass.
1009, 1009–1010 (2020) ("G. L. c. 211, § 3, does not provide a
second opportunity as a matter of right for interlocutory
relief, irrespective of whether it is couched as review of the
adequacy of the order denying the G. L. c. 231, § 118, petition
or as review of the underlying Superior Court orders" [quotation
and citation omitted]).2
Judgment affirmed.
The case was submitted on the papers filed, accompanied by
a memorandum of law.
Lincoln G. Latham, Jr., pro se.
here, we do not consider that brief and need not rule on the
related motion.
2 Latham's motion titled "Ex Parte Motion to Remove Guest
from Hotel," which contains numerous requests for relief that
were not presented to the single justice, is hereby denied. See
Cariglia v. Bar Counsel, 442 Mass. 372, 379 (2004) ("We do not
consider issues, arguments, or claims for relief raised for the
first time on appeal"). His request for attorney's fees is also
denied.