
    Harold W. Stone and another v. Joseph F. Dalton and another
    
    Superior Court, Essex, SS
    No. 92-2746
    Memorandum Dated October 15, 1993
    
      
       Iris Stone
    
    
      
       Joseph F. Dalton, P.C.
    
   Fremont-Smith, J.

I conclude that my decision and order so affect the ultimate merits of the above-captioned action that the matter ought to be determined by the Appeals Court before any further proceedings in this Court, because a determinative decision either way at this juncture would, if reversed on appeal, taint all further proceedings, including the trial. Accordingly, I hereby certify the legal question addressed in my decision and order to the Appeals Court to enable that court to clarify the issue so as to permit pre-trial discovery and the trial itself to proceed on a legally correct basis. See G.L.c. 231 §111; Mass.R.Civ.P. 64; Heck v. Commonwealth, 397 Mass. 336, 338-39 (1986); and Peerless Insurance Company v. Hartford Insurance Company, 34 Mass.App.Ct. 534, 535 (1993).

Pursuant to Mass. R.A.P. 5, the defendants shall be designated the appellants in this matter.  