
    Indralakshmi Din-Dayal vs. Moore Real Estate Trust.
    April 15, 2008.
    
      Supreme Judicial Court,
    
    Superintendence of inferior courts. Real Properly, Attachment. Practice, Civil, Moot case.
    Indralakshmi Din-Dayal appeals from a judgment of the county court denying her petition for relief under G. L. c. 211, § 3. We dismiss the appeal as moot.
    The case was submitted on briefs.
    
      Mark D. Stern & Richard M.W. Bauer for the plaintiff.
    
      Jeffrey C. Turk & Katherine G. Brady for the defendant.
    
      
      We authorized this appeal to proceed after Din-Dayal filed a memorandum and appendix pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001).
    
   Din-Dayal was the defendant in a summary process proceeding in the District Court. She asserted counterclaims against the plaintiff (landlord) and moved for an attachment, seeking pretrial security for any money judgment in her favor. A judge denied her motion for an attachment. Din-Dayal’s G. L. c. 211, § 3, petition sought relief from that denial. The landlord has since prevailed on its claim for possession and on Din-Dayal’s counterclaims, and the appellate process has been exhausted. Moore Real Estate Trust v. Din-Dayal, 69 Mass. App. Ct. 1116, S.C., 449 Mass. 1113 (2007). Because DinDayal has not prevailed on any of her claims, her pretrial request for an attachment is moot.

Appeal dismissed.  