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Best v. Rome, 94-1731 (1995)

Court: Court of Appeals for the First Circuit Number: 94-1731 Visitors: 2
Filed: Feb. 16, 1995
Latest Update: Mar. 02, 2020
Summary: February 16, 1995 [NOT FOR PUBLICATION], [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT _________________________ No. 94-1731 JOHN BEST, Plaintiff, Appellant, v. DAVID ROME, ET AL., ______________ __________________________ Valeriano Diviacchi for appellant.
USCA1 Opinion









February 16, 1995 [NOT FOR PUBLICATION] [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

_________________________

No. 94-1731

JOHN BEST,
Plaintiff, Appellant,

v.

DAVID ROME, ET AL.,
Defendants, Appellees.

__________________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Joseph L. Tauro, Jr., U.S. District Judge] ___________________

__________________________

Before

Selya and Boudin, Circuit Judges, ______________

and Carter,* District Judge. ______________

__________________________

Valeriano Diviacchi for appellant. ___________________
John McMahon, with whom Angoff, Goldman, Manning, Pyle, _____________ _________________________________
Wagner & Hiatt, P.C. was on brief, for appellees. ____________________

__________________________



__________________________
________________
*Chief Judge, United States District Court of the District of
Maine, sitting by designation.



















Per Curiam. In this legal malpractice action, the Per Curiam. ___________

district court granted summary judgment in favor of the

defendants (a lawyer and his law firm), citing two independently

sufficient reasons. See Best v. Rome, 858 F. Supp. 271, 274-78 ___ ____ ____

(D. Mass. 1994). Having carefully considered the parties'

briefs, perused the record, and studied the applicable law, we

share the district court's conclusion, id. at 277-78, that the ___

record reveals no genuine issue of material fact on the question

of malpractice. Thus, regardless of how the other issues in the

case might be resolved a matter on which we take no view the

judgment below must be upheld.

We need go no further. As we have indicated before,

when a district court produces a well-reasoned opinion that

reaches the correct result in a given case, a reviewing tribunal

should not rush to write at length merely to put matters in its

own words. See, e.g., In re San Juan Dupont Plaza Hotel Fire ___ ____ _________________________________________

Litig., 989 F.2d 36, 38 (1st Cir. 1993). So it is here. Because ______

we agree with the court below that, in this case, the summary

judgment record contains no evidence sufficient to support a

colorable claim of professional negligence, we summarily affirm

the judgment below, for substantially the reasons articulated in

the district court's alternative holding. See Best, 858 F. Supp. ___ ____

at 277-78. We add only that, despite our summary affirmance of

the judgment below, we do not regard the appeal as so utterly

lacking in merit as to warrant the imposition of special

penalties. We, therefore, deny


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the defendants' request for sanctions, but award defendants

their ordinary costs.





Affirmed. See 1st Cir. R. 27.1. Costs in favor of appellees. Affirmed. See 1st Cir. R. 27.1. Costs in favor of appellees. ________ ___ ___________________________












































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Source:  CourtListener

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