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Because the denial of a motion for summary judgment does not decide the case, it is an interlocutory order and usually is not immediately appealable. However, the doctrine of present execution allows appellate review of denials of summary judgment motions in a few situations (e.g., where the moving party asserts immunity). A party whose motion for summary judgment has been denied may also obtain appellate review if the trial court reports its order to the Appeals Court or by filing a petition in the Appeals Court for interlocutory review under Massachusetts G.L. c. 231, §118.
The allowance of a motion for summary judgment as to all claims by all parties fully disposes of the case and is appealable. The grant of a partial summary judgment generally is not appealable because it does not determine all claims as to all parties. However, a partial summary judgment may be appealed if the trial court enters a certification under Mass. R. Civ. P. 54(b) that “there is no just reason for delay.”
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