Supreme Court

Civil Case Summaries 2017

 

2017-421 Joshuah L. Selby, et al. v. Michael Baird, et al. (show cause)

The plaintiffs appeal from the granting of motions for summary judgment in favor of defendants. The plaintiffs claim that that there exists an issue of fact as to whether the plaintiff was employed by Mulch N More at the time he was injured, or whether the plaintiff’s true employer was unknown at that time. They also suggest that the defendant fraudulently insured plaintiff through one company while having him work for another company.

2017-415 ACP Land v. R.I. PUC (full briefing)

Petitioners seek review of an order of the PUC that approved National Grid’s interconnection tax that is charged to developers that connect a distribution facility to the grid, and which is passed through to the IRS. Petitioners maintain that the PUC decision was unlawful and unreasonable because National Grid failed to prove the tax was a necessary and reasonable charge, and the order negated a settlement proposal.

2017-133 Wanda Trinidad v. Employees Ret. Sys. of Providence (show cause)

Petitioner asks this Court to review the denial of her application for accidental disability retirement benefits by the Employees’ Retirement System of Providence (ERSP). Petitioner asserts that she meets the requirements for accidental disability retirement benefits and that ERSP erred in requiring her to submit to a fourth independent medical examination and in requiring her to be totally disabled before qualifying to receive these benefits.

2017-384 West River Commerce v. Providence Zoning Bd. of Review (show cause)

The plaintiffs appeal from summary judgment in favor of defendants in this declaratory judgment zoning case involving property at 181 Corliss Street in Providence, the site of a former United States Postal Service building. Plaintiffs challenge the court’s determination that the 124-room extended stay hotel built on the site was consistent with the comprehensive plan and did not violate the zoning code. Plaintiffs allege that the construction was, in fact, an apartment complex, which would violate the zoning code.

2017-295 Corrine Lang as Exec. of Estate of Kevin Lang v. MERS (full briefing)

The defendant seeks review of a decree of the Appellate Division of the Workers’ Compensation Court denying its appeal from a decree finding that the plaintiff’s decedent was entitled to accidental disability retirement benefits based on his claim of occupational cancer. The defendant claims that the Workers’ Compensation Court does not have jurisdiction over the plaintiff’s case, and that the court erred in finding that § 45-19.1-1, et seq. gives rise to a conclusive presumption that all cancers in firefighters are occupational cancers.

2017-202 National Educ. Ass’n RI v. Town of Middletown (show cause)

On appeal from summary judgment, the plaintiffs contend that the Superior Court erred in deciding that the case was moot. They also argue that this case falls within the exception to the mootness doctrine. The plaintiffs challenged the town’s assertion that the town council had the authority to accept or reject a six-month agreement entered into between the teachers’ union and the school committee. The town council rejected this agreement. However, the parties later entered into a three-year collective bargaining agreement which was approved by the town council. The Superior Court decided that this three-year agreement made the instant case moot.

2017-107 Sandy Point Farms, Inc. v. Sandy Point Village, LLC (show cause)

The plaintiff seeks review of a Superior Court order denying its motion for a protective order to prevent the defendants from deposing a non-testifying expert witness who assisted an individual identified by plaintiff as an expert witness for trial purposes. The plaintiff claims that Superior Court Rule of Civil Procedure 26(b)(4)(B) prohibits the deposition of this non-testifying expert.

2017-309 Wei Chen, et al. v. Lingting Ye, et al. (full briefing)

The plaintiffs seek review of a Superior order granting defendants’ motion for a protective order preventing the oral deposition of defendants’ daughter and allowing her to be deposed on written questions. The plaintiffs argue that the defendants failed to make the required showing of good cause and that the hearing justice erred in his ruling.

2017-313 JHRW, LLC v. Seaport Studios, Inc., et al. (full briefing)

The defendants appeal from a Superior Court order enjoining defendants from parking in 13 parking spaces owned by plaintiff. The defendants argue that they should be allowed to arbitrate the plaintiff’s claims against them, while plaintiff claims that res judicata bars arbitration of issues that had been previously litigated.

 

2017-187 J. Ronald Fishbein v Nicholas E. Cambio (show cause)

The plaintiff appeals from the dismissal of his action to recover a debt on judgment. The plaintiff claims that he was validly assigned the judgment in question and as owner of that judgment he was able to proceed to enforce it in a Superior Court action.

2017-350 Dolores Voccola v. The Stop & Shop Supermarket, et al. (show cause)

The plaintiff appeals from a judgment in favor of defendants in this “slip and fall” action. The hearing judge determined that plaintiff presented insufficient evidence to support a finding that her fall was caused by black ice. Plaintiff maintains she presented sufficient evidence on causation to overcome summary judgment.

2017-326 Kevin Blais v. R.I. Airport Corporation, et al. (full briefing)

Defendants seek review of judgment in favor of plaintiff, which reversed a decision of the RI Airport Corporation banning plaintiff from North Central State Airport. At issue is the statutory prerequisite, if any, for banning a person from the airport and application of the Uniform Aeronautical Regulatory Act.

2017-268 Lori Rosa v. Vericrest Financial (show cause)

Plaintiff appeals from a judgment in favor of defendants on her complaint for trespass, breach of contract, and conspiracy to trespass. She alleged the defendants improperly changed the lock on her front door upon deciding that it was abandoned. She claims that, at that time, her mortgage had not been foreclosed, and she still occupied the property. She argues that several issues of fact existed such as whether the property had been abandoned, whether defendants believed it was abandoned, whether the lender needed to change the locks to secure it, whether defendants had permission to enter the property, whether her she was in default, and whether defendant padded its bill.

2017-426 John Rocchio Corporation v. Pare Corporation (show cause)

The plaintiff was the lowest bidder on a contract to construct a levee at a municipal wastewater treatment facility, but was not awarded the contract because of its failure to include certain required forms. The plaintiff sued the engineering firm that prepared the request for proposals and now appeals from the entry of summary judgment in favor of the defendant. The plaintiff contends that the Superior Court erred in granting summary judgment because questions of material fact exist on the issue of causation. The plaintiff also contends that questions of material fact exist for its claims for interference with prospective contractual relations, negligence, and breach of contract as a third-party beneficiary.

2017-368 Bruce Pollack v. 217 Indian Ave., LLC (show cause)

The plaintiff appeals from the entry of summary judgment in favor of the defendants. This case concerns restrictive covenants for a subdivision containing abutting property owned by the parties. The plaintiff contends that the hearing judge erred in deciding that defendant did not violate the restrictive covenants when it failed to submit plans for its house construction to the subdivision committee of property owners prior to building a home on its property. The plaintiff contends that the covenants do not envision retroactive approval of construction. He also asserts that he should have been given notice and an opportunity to object to the planned construction.

2017-350 Bacon Construction Co., Inc. v. Arbella Insurance (full briefing)

The plaintiff appeals from summary judgment in favor of defendant in this declaratory judgment action involving whether a subcontractor’s insurance carrier has a duty to defend the general contractor, who claims to be an “additional insured” under the subcontractor’s insurance policy, absent proof of negligence on the part of the subcontractor. This issue arose out of a personal injury “slip and fall” claim.

2017-248 Arthur Quattrucchi, et al. v. James J. Lombardi (full briefing)
2017-249

Plaintiffs appeal from the grant of summary judgment in favor of the city of Providence in these consolidated appeals. In the trial court, a retired Providence firefighter and two retired Providence police officers filed a miscellaneous petition, alleging that when the city passed an ordinance suspending payment of cost of living adjustments (COLAs) to these plaintiffs, the city violated judgments previously entered in prior lawsuits brought by these plaintiffs. Those judgments allegedly enjoined the city from further limiting their COLAs, according to plaintiffs.

2017-255 Manual Andrews, Jr., et al. v. James J. Lombardi, (full briefing)
2017-256
2017-257
2017-260

In these consolidated appeals, plaintiffs are retired Providence police officers, firefighters, and spouses of such retirees, who opted out of the class action settlement agreement in Providence Retired Police and Firefighters’ Association v. City of Providence, Superior Court case No. PC-2012-3590. These plaintiffs alleged that the city improperly interfered with their bargained for lifetime healthcare benefits when it passed a city ordinance requiring them to enroll in Medicare immediately upon eligibility. They now appeal from a judgment in favor of the city.

2017-262 Manual Andrews, Jr., et al. v. James J. Lombardi (full briefing)
2017-263
2017-264
2017-269

In these consolidated appeals, plaintiffs allege that the city of Providence illegally suspended certain cost of living adjustments (COLAs) for plaintiffs, who are retired Providence police officers, firefighters, and spouses of such retirees, who opted out of the class action settlement agreement in Providence Retired Police and Firefighters’ Association v. City of Providence, Superior Court case No. PC-2012-3590.

 

2017-211 Carolann Nicolace v. Town of Charlestown (show cause)

The plaintiff appeals from the entry of summary judgment in favor of the town. The plaintiff contends that the town was negligent in maintaining a ditch which caused water to flood her home. She contends that she submitted sufficient evidence on the issue of causation to survive the town’s motion for summary judgment.

 

2017-213 In re A&R Marine Corp., D/B/A Prudence and (show cause)

Bay Island Transport Initial Rate Filing The town of Portsmouth seeks review of a decision by the Public Utilities Commission denying its request for a rate reduction for town employees and municipal vehicles on the Prudence Island Ferry, and granting the motion to dismiss of the utility carrier. The town asserts that the PUC erred in refusing to consider its request and that the PUC has express authority and implied powers which allow it to consider rate discounts without the permission of the utility carrier.

 

2017-138 Bluedog Capital Partners, LLC v. John A. Murphy (show cause)

The plaintiff appeals from an order dismissing its complaint which challenged the assessment of property taxes by the city. The plaintiff claims that the assessment was exempt from statutory review procedures because it was an illegal tax or because the tax was so exorbitant and excessive as to amount to constructive fraud. The plaintiff also argues that the pleadings stated a viable cause of action and that the Superior Court had power to consider relief under the declaratory judgments act.

 

2017-370 Tara J. Cancel, as Administratrix of the Estate of (show cause) Ira Lukens v. City of Providence, et al.

The plaintiff appeals from the entry of summary judgment in favor of the city of Providence. The plaintiff claims that the hearing justice erred in concluding that the city was protected from liability under the Recreational Use Statute because a genuine issue of fact exists as to whether the city knew of the hazardous pothole in the roadway where the plaintiff’s decedent was injured.

2017-348 Joyce Duffy, et al. v. Estate of Bartolomie Scire, et al. (full briefing)
2017-373
2017-374

The plaintiff appeal from a judgment entered in three consolidated Superior Court cases involving probate matters. The issues in these cases revolve around the validity of a will and a quitclaim deed, both of which were executed by Mr. Scire in June 2011, presumably when he was a ward of a temporary guardian.

2017-301 In re 38 Studios Grand Jury (full briefing)

The petitioner, Governor Gina Raimondo, appeals from a Superior Court judgment denying her petition for the release of grand jury materials from the 38 Studios criminal investigation. The petitioner contends that the trial justice erred in ruling that the plain language of Rule 6(e) of the Superior Court Rules of Criminal Procedure prohibits the court from releasing the material unless one of the enumerated exceptions applies. The petitioner also contends that the Superior Court erred in imposing a particularized need test on the request, and abused its discretion in holding that the petitioner had not met the burden of showing a need for the materials.

2017-112 Sean McKenna v. William Guglietta (show cause)

Plaintiffs alleged that fines assessed on them in the Rhode Island Traffic Tribunal were unconstitutional because the judges or magistrates who levied the fines were without the authority to levy fines. They sought a refund on the fines assessed. Defendants successfully moved to dismiss the complaint, pursuant to Superior Court Rule of Procedure 12(b)(6), for failure to state a claim upon which relief can be granted, and the plaintiffs now appeal.

2017-342 Sean Gannon v. City of Pawtucket (show cause) 2018-69

After plaintiff’s probationary employment with the city as a firefighter was terminated, the union filed a grievance on his behalf which went to arbitration. The arbitrator decided in favor of the city and upheld the termination. The union declined to challenge the arbitrator’s award, so the plaintiff on his own behalf filed a motion to vacate. He then sought to amend the petition to vacate to add the union as a party plaintiff. A hearing judge denied his motion to amend, granted the city’s motion to dismiss his petition because he lacked standing individually to challenge the award, and assessed costs and attorney’s fees against the plaintiff. Plaintiff now appeals.

2017-200 URI v. Hellenic Society Paideia (show cause) 2017-201

The defendant, Hellenic Society Paideia–RI Chapter, appeals from a Superior Court order denying its motion to stay litigation in favor of arbitration, and from the denial of its motion for reconsideration of that order in this long-running dispute over a piece of property on the URI campus leased to the Hellenic Society. The defendant’s failure to complete construction of a building on the property within the designated time constituted a breach of the agreement, according to the plaintiff.

2017-275 Management Capital v. FAF, Inc. (full briefing)

In this case involving the interpretation of a stock warrant, the defendant appeals from a judgment in favor of plaintiff and from the denial of its motion for a new trial and to alter and amend judgment. This case involved three main issues, according to the trial judge: reformation of the warrant, the meaning of funded debt, and repudiation of the warrant.

2017-334 Epic Enterprises, LLC v. The Bard Group, LLC (show cause)

The defendant appeals from summary judgment entered in favor of the plaintiffs in this dispute among condominium owners. The judge determined that the defendant, which owns a majority of the voting share, could not change the use of its condominiums to include restaurants without unanimous approval by all the owners, despite that the property is zoned for restaurant use.

2017-149 Wenda Branson v. Marion Louttit (full briefing) 2017-150

This case involves a family dispute over a trust and a limited partnership. Cross-appeals were filed by the plaintiff and the defendant from a ruling that granted in part and denied in part the defendant’s post-trial motions. The plaintiff and the defendant are sisters. The issues in this dispute were whether their mother: (1) lacked testamentary capacity when she made amendments to the trust and conveyed interests in the limited partnership; (2) whether she was unduly influenced by defendant in doing so; and (3) whether the defendant breached her fiduciary duty as trustee of the trust

2017-239 Chariho Reg’l Sch. Dist. v. RI Dep’t of Educ., et al. (show cause)

Chariho Regional School District appeals from a final order dismissing its amended complaint in this dispute over whether the state breached its agreement to have Chariho operate a regional career and technical center (CTC) for South County. Chariho contends that the Department of Education agreed not to approve the establishment of any other CTCs in South County when it approved Chariho’s center. It argues that the state has since permitted several other schools in the region to operate vocational programs in violation of that agreement.

2017-178 Russell Gross v. Steven M. Pare (show cause)

The plaintiff appeals from summary judgment in favor of defendants on the plaintiff’s complaint for intentional and negligent infliction of emotional distress, and invasion of privacy. The plaintiff claims that the hearing justice impermissibly made findings of fact in deciding the motion.

2017-274 Austin Yattaw v. City of East Providence (full briefing)

The plaintiff appeals from a Superior Court order granting the defendants’ motion for summary judgment on the basis of the Recreational Use Statute. The plaintiff contends that the city knew of the condition of the playground where the plaintiff was injured and destroyed evidence that would have proven that knowledge.

2017-43 Charlie Kemp v. Maxi Drug South, LP, Alias (show cause) 2017-50

The plaintiff appeals from the entry of summary judgment in favor of Maxi Drug South, and from judgment after a jury trial in favor of the remaining defendants in this slip and fall negligence action. The plaintiff claims that Maxi Drug owed a duty of care to plaintiff notwithstanding any agreement it had with the owner of the property to maintain the premises. The plaintiff also argues that the trial justice erred in denying the plaintiff’s motion for a new trial after the jury verdict.

2017-5 Martin Malinou v. Barbara Neri (show cause)

The plaintiff appeals from a Superior Court judgment dismissing his appeal from a probate court case. The plaintiff claims, among other things, that temporary and permanent guardianship decrees were void for lack of notice and takes issue with an order directing him to deposit funds into the registry of the court.

2017-26 Family Dollar Stores of R.I. v. Justin Araujo (show cause) 2017-135

The plaintiff appeals from a final judgment entered in favor of the defendants. The plaintiff contends that it was not required to exhaust administrative remedies with the RI Commission for Human Rights because the issue of whether a settlement agreement between it and Justin Araujo released it from Araujo’s claims with the commission is a purely legal issue. The defendants cross-appeal from an order which granted the plaintiff an extension of time to file its notice of appeal. The defendants contend that the plaintiff did not demonstrate excusable neglect to support an extension of the time for filing the notice of appeal.

2017-177 James P. Manning v. Rose Hill Golf Club, et al. (show cause)

The plaintiff appeals from a Superior Court order denying his motion to enforce an order and adjudge defendant Timothy Conley in contempt. The plaintiff contends that the denial of summary judgment in another Superior Court action should not have prevented the Superior Court judge in the present action from adjudging Conley in contempt.

2017-247 West Davisville Realty Co. v. Mark P. DePasquale (show cause)

The plaintiff appeals from a judgment dismissing its complaint pursuant to Rule 12(b)(6). The plaintiff contends that pursuant to §§ 9-26-25 and 9-26-26 it is permitted to file suit against a corporate officer or shareholder to determine whether the corporate officer or shareholder controls corporate assets, and the hearing judge erred in holding otherwise.

 

2017-299 SMS Financial XXV v. David A. Corsetti (show cause)

The plaintiff acquired rights to a promissory note the defendants had entered into with Sovereign Bank. However, Sovereign Bank had lost the original promissory note. Sovereign delivered a lost note affidavit to the plaintiff when it transferred its rights under the note to the plaintiff. The plaintiff contends that the hearing judge erred in granting summary judgment on the grounds that the plaintiff could not enforce the note because the original holder of the note had lost it. The plaintiff asserts that it was the responsibility of the defendants to issue a replacement note to the plaintiff when they became aware of the lost note affidavit.

2017-235 Dawn Parillo v. Rhode Island Hospital (full briefing)

The plaintiff appeals from a Superior Court summary judgment in favor of defendant Shea Gregg, M.D. The issue in this negligence case centers on whether the plaintiff’s amended complaint naming Dr. Gregg as a defendant was untimely.

2017-132 Antonio Duffy v. Town of West Warwick (show cause)

The plaintiff appeals from a final judgment entered in favor of the defendants, the town of West Warwick, its finance director, and two police officers. The plaintiff’s action was dismissed pursuant to Rule 41(b)(2) of the Superior Court Rules of Civil Procedure for the failure of the plaintiff to prosecute his case for over five years. The plaintiff contends that the Superior Court judge abused his discretion in dismissing the case because the town did not suffer any prejudice from the five-year delay.

 

2017-198 Joshua Mello v. Sean Killeavy (full briefing)

The plaintiff appeals from the entry of summary judgment in favor of the defendant in this negligence case. Plaintiff received workers’ compensation benefits from his employer for injuries caused by a co-worker. Plaintiff later filed this negligence action against his co-worker, and the Superior Court granted summary judgment based on the “exclusivity” provision of the workers’ compensation act. The plaintiff contends there are questions of fact sufficient to preclude summary judgment.

 

2017-153 Manuel Silva, et al. v. Jessica Todd (full briefing)

The plaintiffs appeal from a judgment for defendants, their neighbors in a Cumberland neighborhood, in plaintiffs’ action against them for negligence and nuisance related to an underground pipe that dumps surface water onto their property.

2017-272 Christopher G. Rein v. ESS Group, Inc. (show cause)

The plaintiff appeals from the dismissal of his complaint pursuant to Rule 12(b)(6). At issue are plaintiff’s claims under the Rhode Island Whistleblowers’ Protection Act based on alleged violations of common law fraud and the Rhode Island Business Corporation Act because the act applies to corporations incorporated outside of the state of Rhode Island.

2017-181 Sean M. Marchionte v. Francisco Jaramillo (show cause)

The defendant appeals pro se from a final judgment in favor of the plaintiff in this action for breach of promissory note and unjust enrichment. At issue is whether the Superior Court erred in refusing to vacate the default judgment against defendant.

 

2017-330 State v. R.I. Troopers Association (full briefing)

The Rhode Island Troopers Association (RITA) appeals from a judgment granting declaratory and equitable relief for the state of Rhode Island. The Superior Court determined that the Government Tort Liability Act gives the attorney general the non-delegable and sole authority to determine whether to provide a defense and/or indemnification for a state employee who is sued. RITA asserts that this issue is substantively arbitrable under the collective bargaining unit, and therefore the trial judge erred.

 

2017-185 Summit Insurance Co. v. Eric Stricklett (full briefing)

 

On appeal, defendants argue that a liability insurer owes a duty of good faith and fair dealing to a third-party claimant, even if the claimant has not received an assignment of rights from the insured. The defendants contend that the trial justice was wrong in finding no breach of duty on the part of the insurer. They argue that the insured was clearly negligent, and the insurer did not conduct an adequate investigation before denying their claim.

 

2017-155 Augustina Mokwenyei v. R.I. Hospital (show cause)

 

The plaintiff challenges the dismissal of her action against her former employer for failure to state a claim under Rule 12(b)(6). Plaintiff alleged that she was terminated in violation of the Rhode Island Fair Employment Practices Act. Both the defendant and the Rhode Island Commission for Human Rights commission moved to dismiss on grounds that plaintiff did not timely comply with the commission’s procedure for obtaining a right-to-sue letter under § 28-5-24.1(a).

 

2017-186 Town of Cumberland v. Cumberland Town Employees Union (show cause)

 

The defendants appeal from a judgment vacating an arbitration award. The arbitrator had ruled that the town of Cumberland did not have cause to terminate an employee. The Superior Court vacated the arbitration award on the ground that the Workers’ Compensation Court had jurisdiction over the dispute and thus the matter was not arbitrable. The union argues that the employee had recourse to pursue reinstatement under the collective bargaining agreement.

 

2017-180 Benjamin Strauss v. Brenda Mallicoat (full briefing)

2017-197 Benjamin Strauss v. Brenda Mallicoat

On appeal, defendant asserts that summary judgment was not appropriate and that the judge improperly made factual determinations regarding the property settlement agreement entered into between the defendant and the plaintiffs’ deceased father. Plaintiffs filed a cross-appeal, asking that the underlying judgment be modified to include prejudgment interest.

2017-229  The Rhode Island Industrial-Recreational Building Authority v. Capco Endurance  (full briefing)

The plaintiff appeals from an entry of summary judgment in favor of defendant Feely & Driscole.  At issue is whether the accounting firm owed a duty of care to a third-party beneficiary.
 

2017-31  Richard Goodrow v. Bank of America  (show cause)

The plaintiff appeals from an order granting the motions to dismiss of defendants based on Rule 12(b)(6) in this breach of contract case.  At issue is whether plaintiff’s claims are barred by res judicata in light of a previously filed complaint for declaratory and injunctive relief in the United States District Court for the District of Rhode Island.

2017-188  Prospect CharterCARE v. Michael Conklin  (show cause)

The plaintiff appeals from an order denying its motion to vacate an arbitration award in favor of the defendant and granting defendant’s motion to confirm the award.  The defendant is a former employee who alleged that a material reduction in his duties resulted in a de facto termination under the terms of an employment agreement.   

2017-196  Dunn’s Corners Fire District v. Westerly Ambulance Corps.  (show cause)

The defendant BPF Realty appeals from an order granting the motion for summary judgment of plaintiff, which declared that the Dunn’s Corner’s Fire District had no obligation to provide firefighting services to 460 Bradford Road in Westerly.     
 

2016-331   Moises Pineda v. Chase Bank, USA, N.A., et al.     (show cause)

The plaintiff appeals from the entry of summary judgment in favor of defendant Chase Bank, contending that an issue of fact existed as to whether a real estate closing attorney was acting as an agent for Chase when he defalcated with loan proceeds intended for plaintiff. 

2017-127   William Coscina, et al. v. Craig J. DiPetrillo     (show cause)

The defendant appeals from a judgment in favor of plaintiffs as to count one of the plaintiffs' complaint, sounding in adverse possession.  The defendant claims that an issue of fact existed as to the boundary line of the back pasture.  He further challenges the admissibility of a survey submitted by plaintiffs in support of their motion for summary judgment, and contends that the procedures followed in this case were improper. 

2017-174  Anthony Pate et al. v. Union Mut. Fire Ins. Co.  (show cause)

The defendant appeals from a Rule 54(b) judgment in favor of plaintiffs as to the first count of the plaintiffs' complaint alleging breach of contract. The defendant contends, among other things, that the hearing justice erred in applying the doctrines of res judicata and collateral estoppel to this case. 

2017-56   Lizbeth Larkin v. Michaela Arthurs     (full briefing)

The defendants appeal from the entry of final judgment in favor of the plaintiff in this probate appeal.  The dispute between the parties concerns whether two bank accounts will be distributed to all beneficiaries of the probate estate or whether they will be distributed to those beneficiaries named as joint owners of the accounts.  The defendants contend that the plaintiff cannot appeal whether there are survivorship rights in the accounts because the plaintiff did not appeal from the Probate Court order on that issue. The defendants also contend that the Superior Court erred in ruling that the accounts would be distributed pursuant to the third paragraph of the will.

2017-183   Michaela Arthurs v. Lizbeth Larkin   (full briefing)

The plaintiffs appeal from the entry of final judgment in favor of the defendant in this probate appeal.  The plaintiffs contend that the Superior Court erred in denying their request to remove the defendant as executrix.  The plaintiffs contend that the defendant's claim on a joint bank account in issue is a conflict that warrants her removal as executrix.  They also assert that the defendant's hostility against them supports the defendant's removal.

2017-76
2017-65 Marsha Jacavone v. Donald Coletti (show cause)