The defendant seeks review of a summary judgment in favor of plaintiffs in this dispute over the imposition of a conveyance tax on the transfer of an interest in a lease. The defendant claims that the trial judge erred in resolving a factual issue, weighing evidence, misinterpreting corporate resolutions, and ignoring contractual language. The defendant also argues that tax exemptions may not pass to a successor in interest and should be narrowly construed. The defendant raises a constitutional issue regarding the non-delegation doctrine of the Rhode Island Constitution.
The defendant insurance company seeks review of a Superior Court order denying its motion to vacate the entry of default against it on plaintiff’s complaint alleging breach of contract, breach of implied covenant of good faith and fair dealing, and bad faith.
The defendant, Progressive Casualty Insurance Company (PCIC), seeks review of a Superior Court order denying its motion to vacate the entry of default against PCIC on plaintiff’s complaint alleging breach of contract, breach of implied covenant of good faith and fair dealing, and bad faith.
The defendants appeal from a partial final judgment entered pursuant to Rule 54(b) in this usury case. The defendants contend on appeal that the trial judge misconstrued the pro forma analysis exemption for usury, erred in concluding that the plaintiffs did not waive and release their usury claims, erred in determining that Rhode Island law was applicable to this action, and erred in determining that the principal balance in certain loans was tainted by the usury inherent in other notes. The plaintiffs have filed a cross-appeal. They assert that the trial judge erred in ruling on certain causes of action that had been stayed, misapplied the statute of limitations to certain claims, erred in finding in favor of certain defendants on their unlawful foreclosure claim, and erred in denying the plaintiffs the opportunity to recover punitive damages.
The plaintiff appeals from a final judgment in favor of the defendants in this action to recover fees for his services performed as an attorney. The plaintiff argues that the trial judge misconstrued the nature of the constructive trust he asserted at trial.
The respondent mother appeals from the termination of parental rights for her four children. The respondent contends that her procedural due process rights were violated when the trial proceeded even after she was found to be incompetent to stand trial. The respondent also contends that the Family Court erred in finding that DCYF made reasonable efforts at reunification.
The plaintiffs appeal from the denial of their motion for a new trial after a jury verdict in favor of defendant. The plaintiffs challenge the trial justice’s determination that they did not preserve their objections to the defendant’s closing argument and her conclusion that improper statements by defendant during closing argument did not warrant granting a new trial.
The defendant appeals from a judgment in favor of plaintiffs in these consolidated cases. The defendant argues that the trial justice’s decision was erroneous in that it was based on evidence not presented at trial, it was not supported by the evidence, and it did not contain sufficient findings of fact and conclusions of law. The defendant claims that the trial justice erred in refusing to admit evidence regarding balancing the equities and public policy, and in sua sponte raising a constitutional issue and a federal statute.
The plaintiff appeals from summary judgment in favor of the defendant. The plaintiff contends that a question of fact exists as to whether the stairs on defendant’s property had a dangerous condition that caused plaintiff’s fall. The plaintiff argues that experts disagreed as to whether the stairs needed to conform to the building code. The plaintiff argues that even if they were exempt, the defendant had constructive knowledge of the unsafe condition of the stairs and was not insulated from liability.
The plaintiff appeals from a summary judgment in favor of defendants. The plaintiff claims that the union breached its duty of fair representation by engaging in a continuing pattern of discriminatory behavior. He claims that the state breached the collective bargaining agreement by rescinding a position he had been awarded and by rehiring another deputy sheriff based on political favoritism. The plaintiff argues that he relied on the award and that the state failed to offer him an equal position.
The plaintiff appeals from the grant of summary judgment in favor of the defendant. The issue on appeal is whether plaintiff’s negligence action against the state for personal injuries sustained when he struck a pothole is barred by the public duty doctrine.
J.R. Vinagro, the plaintiff and third-party defendant, appeals from a final judgment following a nonjury trial, denying Vinagro’s motion for attorneys’ fees and costs against 96-108 Pine Street, the defendant and third-party plaintiff. The issue on appeal is whether the trial justice erred by not awarding Vinagro attorney’s fees under the parties’ demolition contract, based on his determination that neither Vinagro nor Pine Street was the prevailing party.
2019-406-A In re Estate of John P. Garan (show cause)
The plaintiff appeals from a summary judgment in favor of defendant dismissing plaintiff’s probate appeal. The plaintiff claims that the trial justice erred in finding that she failed to perfect her appeal.
2019-476-A. Henry Dobosz v. William Vieira and Judge John Gannon 2019-477-A. 2019-478-A. (show cause)
The plaintiff appeals from an order denying his request for a preliminary injunction. The plaintiff contends that the city of Pawtucket, through the defendants, violated his constitutional rights in condemning three houses he owns in the city. The plaintiff claims that the city harassed him and authorized its employee to break into his houses.
2019-406-A In re Estate of John P. Garan (show cause)
The plaintiff appeals from a summary judgment in favor of defendant dismissing plaintiff’s probate appeal. The plaintiff claims that the trial justice erred in finding that she failed to perfect her appeal.
2019-476-A. Henry Dobosz v. William Vieira and Judge John Gannon 2019-477-A. 2019-478-A. (show cause))
The plaintiff appeals from an order denying his request for a preliminary injunction. The plaintiff contends that the city of Pawtucket, through the defendants, violated his constitutional rights in condemning three houses he owns in the city. The plaintiff claims that the city harassed him and authorized its employee to break into his houses.
2019-412-A. American Condominium Association, Inc., et al. v. 2019-413-A. Stefania M. Mardo, et al. (full briefing) )
The plaintiffs appeal from a final judgment awarding them attorney’s fees. The plaintiffs claim that the hearing justice erred in limiting the scope of the fee award to those directly related to their contract claim, and in failing to award fees related to other aspects of the case. The defendant cross appeals from the judgment, claiming that attorney’s fees were erroneously awarded for work performed in the effort to recover fees, and that plaintiffs waived their request for fees.
2019-247-A. Athena Providence Place, et al. v. David Quinn, et al. (full briefing) 2019-248-A.)
The defendant appeals from judgments in favor of plaintiffs in this dispute over interim tax assessments. The defendant argues that the city was not bound by a prior assessment that incorporated a tax stabilization agreement. The defendant claims that the city was not selective in revaluing the property, and argues that the trial justice erred in finding that the interim assessment was arbitrary and discriminatory.
2019-451-A. Estate of Everett Joseph Hopkins, et al. v. Jonathan Rayner Hopkins (show cause))
The defendant appeals from a judgment in favor of plaintiff in this declaratory judgment proceeding to determine the validity of a deed. The defendant contends that the trial justice erred in finding that a deed executed by his father, Everett Joseph Hopkins, was void for failure of delivery.
2019-297-A. Maureen Mowry v. Allstate Insurance Co. (show cause))
The defendant appeals from a judgment in favor of plaintiff, claiming that the justice erred in granting plaintiff’s motion for an additur. The defendant argues that the jury’s damage award did not shock the conscience, and claims that the trial justice failed to sufficiently reference the record in granting the additur.
2019-423-M.P. Timothy Koback v. Municipal Employees’ Retirement System of Rhode Island (full briefing))
The respondent, Municipal Employees’ Retirement System of Rhode Island, seeks review of a decree of the Appellate Division of the Workers’ Compensation Court, awarding counsel fees and costs to petitioner. The respondent claims that the Workers’ Compensation Court lacks specific statutory authority to award counsel fees in accidental disability retirement cases.
2019-186 Latonya Marzett v. Amanda Letendre (show cause) )
The plaintiff appeals from an order dismissing her claim for property damage against the defendants, her former tenants. The hearing judge dismissed this case for lack of subject matter jurisdiction, ruling that the District Court had original exclusive jurisdiction over this landlord-tenant dispute. The plaintiff contends that the Superior Court has jurisdiction in this case because the parties no longer have a landlord-tenant relationship.
2019-236 Estate of Michael Cassiere v. Joseph Cassiere (show cause))
The defendant appeals pro se from the entry of summary judgment in favor of the plaintiff. The defendant argues that questions of fact exist which would preclude the entry of summary judgment. He also contends that the hearing judge did not apply the plain language of the trust in this case. The defendant further argues that the hearing judge should not have based her decision in part on an affidavit that was submitted by the plaintiff after the motion was granted.
2019-237 Seaport Studios, Inc. v. Russell W. Waldo (show cause))
The plaintiffs appeal from an order denying their motion to vacate in this case involving a dispute over parking spaces near commercial property. The plaintiffs argue that the hearing judge should have vacated the judgment under Rule 60(b)(6) because their attorney had no authority to enter into a settlement stipulation in the case. The plaintiffs also contend that the judgment should have been vacated under Rule 60(b)(5) because it was inequitable for the judgment to have prospective application. The plaintiffs further contend that the hearing judge erred in ruling that their motion to vacate was untimely.
2019-268 Warnsey L. Wiggins v. Edward Pianka (show cause) )
The respondent appeals from a final judgment confirming an arbitration award in favor of petitioner. The respondent contends that the award should have been vacated because it was procured by corrupt or undue means, that the award was irrational, and that the arbitrator was guilty of misconduct.
2019-370 Lynn M. Furney, et al. v. Amica Life Insurance Co. (show cause))
The plaintiffs appeal from an order granting the defendant’s motion to dismiss. The plaintiffs assert that the policy had not lapsed and the decedent’s estate was entitled to life insurance benefits because the decedent was unable to comply with provisions of the policy due to her mental state.
2019-203 Irwin Shorr v. Herbert Harris (show cause))
The plaintiff appeals from an order granting summary judgment to defendant in this action for an accounting pursuant to the Rhode Island Uniform Custodial Trust Act. The plaintiff contends that questions of fact exist as to whether the defendant complied with the terms of the trust or involved a co-trustee in a final accounting and distribution of assets. He claims that the trial justice failed to address the plaintiff’s standing to request an accounting.
2019-442 Read’s Landscape Constr. v. Town of West Warwick, et al. (full briefing)
2019-313
2019-323
The defendant, 4N Properties, appeals from partial summary judgment in favor of plaintiff and from an order granting plaintiff’s motion for injunctive relief. The defendant asserts that the trial justice erred in granting partial summary judgment to plaintiff because there exist issues of fact regarding the disputed easement. As to the injunction, the defendant claims that plaintiff presented no evidence of irreparable harm and great urgency.
2019-293 Fed’l Nat’l Mortgage Assoc. v. Marsha S. Jacavone (show cause))
The defendant appeals from the dismissal of her appeal from a judgment for possession in favor of plaintiff. The defendant claims both that she never received notice of foreclosure and that her sister should have been allowed to represent her in Superior Court.
2019-366 Citizens Bank, N.A. v. Taino J. Palermo (show cause))
The defendant appeals from the entry of summary judgment in favor of plaintiff. The defendant claims that there are factual disputes regarding offsets against the loans and as to whether plaintiff owns the loans in question.
2019-99 City of Woonsocket v. RISE Prep Mayoral Academy (full briefing)
On appeal, plaintiff contends that the hearing judge erred in finding that the defendant charter school had a right to move to a C-2 zone. The plaintiff asserts that the hearing judge erred in finding an ambiguity in the zoning ordinance, misinterpreted the comprehensive plan, impermissibly gave deference to the city zoning official, and incorrectly applied § 16-77-3.1(b).
2019-144 Vikash Patel v. Rasikbhai Patel (full briefing)
This appeal involves a real estate transaction in which the plaintiffs successfully claimed that the parties had an oral agreement to alter the ownership percentages of the companies involved in the transaction after the closing. On appeal, defendants argue that the oral agreement was illegal and should have been given no effect and that the parol evidence rule barred the submission of evidence about the alleged oral agreement. They also contend that the trial judge erred in permitting the plaintiffs to submit an illegally made audio recording to the jury. Additionally, they argue that the judge should have granted their motion for a new trial, and that errors of law may be raised for the first time in a motion for a new trial.
2019-181 John Vicente v. Pinto’s Auto & Truck Repair, LLC (show cause)
In this dispute over repairs to a truck engine, the plaintiff appeals from the entry of summary judgment. He contends that a question of fact exists as to whether the defendant was negligent in repairing the engine. He also asserts that it was unnecessary to offer expert witness testimony on the standard of care. Finally, he argues that there is a question as to whether the transaction in this case is covered by the Uniform Commercial Code and how the parties’ contract allocated the risk of faulty repair.
2019-124 Butler v. Gavel (show cause)
A property owner died after petitioning to partition property she owned with defendants as joint tenants. Defendants moved to dismiss the complaint on grounds that her death rendered the partition action moot. Although her attorney requested a continuance until an executor was appointed to represent her estate, the motion to dismiss was granted. The estate now appeals.
2019-132 Barnes v. RIPTA (show cause)
The plaintiff appeals pro se from the dismissal of her complaint for damages for the defendant’s alleged failure to compensate her for workplace injuries. The defendant argues that the complaint was properly dismissed because it did not provide adequate notice, her claims were not clearly set forth, the Superior Court lacked jurisdiction over her workers’ compensation claims, and a release she signed in 2018 barred all of her claims except the ones pending in the Workers’ Compensation Court.
2019-140 Tammi Sousa, et al. v. Gilbert F. Roy, Jr., individually and as Trustee of the Gilbert F. Roy, Jr. Residence Trust-2005 (show cause)
The plaintiffs appeal from a judgment in favor of defendant in this dispute over real estate. The plaintiffs claim that the trial justice misapplied the law of constructive trusts, improperly found the purported contract ambiguous and unenforceable, and erred in her analysis of the plaintiffs’ unjust enrichment claim.
2019-95 Middle Creek Farm, LLC, et al. v. Portsmouth Water & Fire District, et al. (full briefing)
The defendant appeals from a judgment in favor of plaintiffs. The defendant claims that the hearing justice erred in deciding that a certain three lots in a subdivision were part of the water district’s coverage area under its charter. In addition, the defendant argues that plaintiffs failed to exhaust administrative remedies and failed to join indispensable parties.
2019-126 Bank of America, N.A. v. Timothy G. Fay and David N. Patrick (full briefing)
2019-139
The defendants appeal from a Superior Court judgment in favor of plaintiff. The defendants argue that Connecticut law bars the present suit. The defendant Fay contends that there are factual issues as to whether the guaranty signed by defendants was separate and distinct from the underlying mortgage debt. He claims that he should not be bound by the Connecticut court’s deficiency judgment and that he should be afforded the opportunity to litigate the value of the property. The defendant Fay also claims that the trial justice erred in denying the motion to amend his answer.
2019-115 BI Boat Basin Associates, LLC v. James W. Mott, et al. (show cause)
The plaintiff appeals from an entry of summary judgment in favor of defendants. The plaintiff claims that the hearing justice erred in deciding that the plaintiff’s action was barred by res judicata.
2019-109 Mauro Poletti v. Linda Glynn, alias Jane Doe, individually
2019-111 and as trustee of the Linda L. Glynn Revocable Trust Agreement dated January 14, 2016, et al. (show cause)
The plaintiff appeals from a judgment in favor of defendant, Gonsalves-Pastore Realty, LLC. The plaintiff claims that the trial justice erred in determining that the defendant did not owe plaintiff a fiduciary duty and in finding that Linda Glynn was an independent contractor. The plaintiff also asserts that the denial of his request for reasonable time to conduct discovery was error.
2019-160 Anthony Hollins v. Community Care Alliance (show cause)
The plaintiff appeals from an order denying his request for a preliminary injunction and dismissing his action. The plaintiff contends that he was illegally locked out of his residence and that the defendant failed to obtain a court order to remove him from his residence.
2019-55 Roger Graham v. State of Rhode Island (show cause)
The petitioner appeals from a judgment denying his application for postconviction relief. On appeal, he asserts that the trial judge erred in ruling that: (1) the testimony of Corey Day was not newly discovered evidence; (2) the trial court did not impermissibly amend the indictment; and (3) a sentence of imprisonment for discharging a firearm during the commission of a crime of violence could be imposed consecutively to a sentence of life without parole.
2019-166 Gerrit Musterd v. State of Rhode Island (show cause)
The petitioner challenges the denial of his application for postconviction relief. He asserts that his trial counsel was ineffective because he failed to: (1) cross-examine a trial witness on whether she was taking the medication trazadone and its impact on her testimony; (2) investigate why the petitioner’s written police statement was time-stamped prior to the time of the video-recording of his statement; and (3) notify the consulate general of the Netherlands of the criminal proceedings against petitioner. Petitioner also asserts that he was denied a full and fair hearing on his application for postconviction relief.
2019-157 Robin Nelson v. Allstate Insurance Co. (show cause)
The plaintiff appeals from summary judgment in favor of defendant, Allstate Insurance Company, following a bench decision. There are no facts in dispute. The issue before this Court is whether damages caused by the failure of plaintiff’s water heater were covered by the homeowner’s insurance policy provided by defendant.
2019-54 Eileen Fuoco v. Joseph Polisena (show cause)
Plaintiff appeals from a Superior Court judgment in favor of defendant, on defendant’s motion for judgment as a matter of law in this defamation case. Plaintiff was a member of the Johnston town council and defendant was mayor at the time the alleged defamatory statements were made. After a trial, a Superior Court jury returned a verdict in favor of plaintiff on her defamation claim and awarded her damages of $20,000, plus the amount she would have earned had she served two more terms. The trial justice granted the defendant’s post-verdict motion for judgment as a matter of law, and, alternatively, granted the defendant’s motions for a new trial and for a remittitur.
2019-167 Jane Doe v. Brown University (full briefing)
This case is before the Court on appeal by the plaintiff from judgment in favor of the defendants, Brown University (Brown) and two employees of Brown. On appeal, plaintiff asserts that her state law claims, made pursuant to the Rhode Island Civil Rights Act (RICRA) and article I, § 2 of the Rhode Island Constitution, are not precluded by the dismissal of her federal Title IX claim.
2019-147 Nicholas Cambio v. Potomac Realty Capital (show cause) 2019-148
These consolidated appeals are brought by the defendant from entry of a Rule 54(b) partial judgment in favor of the plaintiffs. At the center of plaintiffs’ claims against this defendant is the assertion that defendant made usurious loans to certain plaintiffs.
2019-46 Dorothy M. Allegra Revocable Trust-2001 v. Deutsche Bank (show cause)
National Trust Co. as Trustee for IndyMac INDX Mortgage Loan Trust 2006-AR 15, Mortgage Pass-Through Certificates Series
Plaintiff appeals from an order granting defendant’s motion for summary judgment in this action in which plaintiff alleged that a foreclosure sale was not conducted legally. The plaintiff contends, among other things, that the foreclosure sale was invalid because the plaintiff trust was not notified of the sale.
2019-81 Eva M. Chaves v. Matthew Helfland, in his capacity as (show cause) Tax Assessor for the Town of Portsmouth 2019-83 Jeffrey A. Babka v. Matthew Helfland, in his capacity as Tax Assessor for the Town of Portsmouth 019-84 Ann Marie Harrington, et al. v. Matthew Helfland, in his capacity as Tax Assessor for the Town of Portsmouth 2019-87 Neil E. Toback, Trustee of the Neil E. Toback Revocable Trust, dated March 17, 1998 v. Matthew Helfland, in his capacity as Tax Assessor for the Town of Portsmouth 2019-89 Michael Blitzer v. Matthew Helfland, in his capacity as Tax Assessor for the Town of Portsmouth 2019-90 Marianne C. Towle v. Matthew Helfland, in his capacity as Tax Assessor for the Town of Portsmouth 2019-92 Nicholas DelGreco, et al. v. Matthew Helfland, in his capacity as Tax Assessor for the Town of Portsmouth 2019-93 Richard L. Rugani, et al. v. Matthew Helfland, in his capacity as Tax Assessor for the Town of Portsmouth
Plaintiffs appeal from a Superior Court summary judgment dismissing their tax appeals in these consolidated cases. The plaintiffs contend that the trial justice erred in ruling that the taxpayer’s premature appeals were improper.
2019-47 Michael A. Voccola, et al. v. Angela Giguere Kumble et al. 2019-49 Angel Giguere Kumble, et al. v. Michael Voccola, et al. (full briefing)
The appellant-beneficiaries appeal from a Superior Court judgment in favor of appellee-trustees. The beneficiaries contend that the amount of attorney’s fees awarded to the trustees was unreasonable and that the Superior Court erred in adding interest to the award.
2019-14 Modupe Osifodurin v. Residential Credit Solutions, Inc., et al. (show cause)
The plaintiff appeals from the dismissal of her Superior Court complaint. The plaintiff argues that the hearing justice did not allow her adequate opportunity to present evidence regarding service of process on defendants. She argues that she did not receive proper notice of her default under the mortgage, and that the foreclosure was invalid because it commenced without specific approval from the note holder.
2019-65 Richard D. Toohey v. Dean C. DeMello as Agent of (show cause) Joan M. DeMello Trust Agreement and Deed
Plaintiff appeals from a Superior Court order denying his motion for a preliminary injunction to prevent the sale of property held by the defendant trust and granting the defendant’s motion to quash the lis pendens plaintiff filed against the property. The plaintiff contends that the trial justice abused his discretion in lifting the lis pendens on the property.
2019-113 Michael Crenshaw v. State of Rhode Island, et al. (show cause)
The plaintiff appeals from a judgment dismissing his complaint against defendants. He claims that the Superior Court misinterpreted the whistleblower act, and that the court erred in denying his motion to amend his complaint to add a claim pursuant to 42 U.S.C. § 1983.
2019-98 Nelson Silva v. Warwick Associates of R.I. (show cause)
Plaintiff stepped through rotted wood covered with grass and dirt and fractured his foot while working for National Grid. He appeals from a summary judgment for the property owner. He contends that there is a question of fact as to whether defendant knew or should have known about the hole on its property which caused his injury.
2019-36 Midland Funding, LLC v. Tammy Turcotte-Raposo (show cause)
2019-38)
In consolidated appeals, the defendant appeals from the entry of summary judgment in two book account actions for outstanding amounts on two credit cards. The defendant argues that summary judgment in both actions was not appropriate because there is a question of material fact. She contends that she never opened the credit card accounts in question or used the credit cards.
2019-51 Benjamin Zanni v. Town of Johnston (show cause)
The plaintiff appeals from the entry of summary judgment in favor of the defendant. The plaintiff contends that the hearing judge erred in deciding that he was not eligible for health benefits provided under town ordinance No. 767. The plaintiff contends that this ordinance had retroactive effect and thus he had accumulated sufficient service time to receive the health benefits in question.
2019-63 Michael Willner v. South County Hospital, et al. (show cause)
Pro se plaintiff appeals from a judgment for defendants in a complaint he filed individually, and as guardian, son, and/or next friend of Joyce Willner, his mother, for damages sustained while she was in the care of the defendants.
2019-66 Patrick T. Conley v. Crown Realty, LLC (show cause)
The defendant appeals from a decree foreclosing all rights of redemption in real property located in North Providence. The defendant argues that a redemption statement sent by the plaintiff to the defendant gave rise to a contractual obligation on the part of the plaintiff to convey the property to the defendant. The defendant also contends there was excusable neglect in its failure to file an answer and therefore it should still be able to redeem the property.
2019-6 Tara Naughton v. Billy Guilloteu (show cause)
This case is before the Court on appeal by plaintiff from a judgment dismissing her Superior Court appeal in this trespass and ejectment action.
