Astro-Med, Inc. v. R. Moroz, Ltd.

811 A.2d 1154, 2002 R.I. LEXIS 239, 2002 WL 31856710
CourtSupreme Court of Rhode Island
DecidedDecember 17, 2002
Docket2001-165-APPEAL
StatusPublished
Cited by12 cases

This text of 811 A.2d 1154 (Astro-Med, Inc. v. R. Moroz, Ltd.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Astro-Med, Inc. v. R. Moroz, Ltd., 811 A.2d 1154, 2002 R.I. LEXIS 239, 2002 WL 31856710 (R.I. 2002).

Opinion

OPINION

PER CURIAM.

The defendant, R. Moroz, Ltd. (Moroz), appeals from a Superior Court hearing justice’s entry of final judgment in favor of the plaintiff, Astro-Med, Inc.’s (Astro-Med), pursuant to Rule 54(b) of the Superior Court Rules of Civil Procedure. Because we conclude that the hearing justice did not abuse her discretion in entering final judgment, we affirm. This case came before the Supreme Court for oral argument on November 4, 2002, following an order directing the parties to appear to show cause why the issues raised by this appeal should not be summarily decided. Having reviewed the record and the parties’ briefs, and having considered the oral arguments, we are of the opinion that cause has not been shown and proceed to decide the appeal at this time. The facts pertinent to this appeal are as follows.

I

Facts and Travel

In 1998, Moroz entered into an oral agreement with Columbia Machinery Company (Columbia), a manufacturer of label applicator products. Pursuant to the agreement, Moroz purchased label applicators from Columbia, which were then distributed to its clients, which included Mol-son, Inc. (Molson). In fall 1999, Astro-Med acquired Columbia, thereby assuming all Columbia’s rights and obligations under its agreement with Moroz. In 1999, As-tro-Med made four separate shipments of label applicator products and upgrades to Molson at Moroz’s request and submitted appropriate invoices to Moroz. Moroz did not pay Astro-Med for some, if not all, of the products and upgrades. 1

In 1999, Astro-Med filed suit against Moroz for breach of contract, book account and unjust enrichment based on Moroz’s failure to pay for the items. In response, Moroz filed an answer and two-count counterclaim against Astro-Med alleging: (1) breach of Astro-Med’s implied covenant of good faith and fair dealing in the Moroz-Columbia contract assumed by Astro-Med; and (2) tortious interference with the Mor-oz-Molson contract. Thereafter, Astro-Med moved for and was granted summary judgment on its claims pursuant to Rule 56 of the Superior Court Rules of Civil Proce *1156 dure. Astro-Med moved for entry of final judgment pursuant to Rule 54(b). Although Moroz’s counterclaims remained intact, the hearing justice expressly found that there was no just reason for delay and entered final judgment on Astro-Med’s claims.

II

Rule 54(b)

On appeal, Moroz does not challenge the hearing justice’s grant of AstroMed’s motion for summary judgment. Rather, the sole issue on appeal is whether the hearing justice properly entered final judgment under Rule 54(b). We review a trial justice’s order under Rule 54(b) in two steps. See Westinghouse Broadcasting Co. v. Dial Media, Inc., 122 R.I. 571, 577, 410 A.2d 986, 989 (1980). First, we consider “whether the action below involved * * * multiple claims for relief * * * and whether the trial court’s interlocutory disposition adjudicated one or more but fewer than all the claims * * * before it.” Id. Second, we consider whether the trial justice abused her discretion in determining that there was no just reason for delay. See id. (citing Calore Rigging Corp. v. Sterling Engineering & Construction Co., 105 R.I. 150, 154, 250 A.2d 365, 368 (1969) (superceded by statute on other grounds)).

Rule 54(b) reads in relevant part:

“When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third party claim * * * the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment.”

The language of Rule 54(b) is the same as Rule 54(b) of the' Federal Rules of Civil Procedure. Thus, this Court may properly look to a federal court interpretation of the analogous federal rule for guidance in applying our own state’s rule. See Butera v. Boucher, 798 A.2d 340, 345 (R.I.2002) (citing Heal v. Heal, 762 A.2d 463, 466-67 (R.I.2000)).

“The purpose of [Rule 54(b) ] is to avoid piecemeal appeals.” 1 Kent, R.I. Civ. Prac. 396, 397 (1969).

“The policy against piecemeal appellate review militates in favor of delaying judgment until all claims involving all parties are ripe for disposition and entering judgment as to all only when that time arrives. However, some claims may involve sufficiently distinct matters so that withholding judgment will serve no useful purpose and may countenance delay which is productive of hardship and even denial of justice.” Id. § 54.3 at 400.

Further, by limiting entry of final judgment under Rule 54(b) to those instances in which a hearing justice finds “no just reason for delay,” this Court is spared “from having to keep relearning the facts of a case on successive appeals.” Jack Walters & Sons Corp. v. Morton Building, Inc., 737 F.2d 698, 702 (7th Cir.1984).

Moroz limits its appeal to the assertion that the hearing justice abused her discretion in finding that there was no just reason for delay. In exercising her discretion under Rule 54(b), a hearing justice “must take into account judicial administrative interests as well as the equities involved.” Curtiss-Wright Corp. v. General Electric Co., 446 U.S. 1, 8, 100 S.Ct. 1460, 1465, 64 L.Ed.2d 1, 11 (1980). When considering judicial administrative interests, a hearing justice should take into account the existence of a transactional relationship between a remaining unadju- *1157 dicated claim and a claim that has been disposed of; for entry of final judgment on fewer than all of the claims “raises the spectre of overlapping appeals and the attendant possibility of an uneconomical use of judicial resources.” Westinghouse, 122 R.I. at 578, 410 A.2d at 990.

In Coro, Inc. v. R.N. Koch, Inc., 112 R.I. 371, 310 A.2d 622 (1973), this Court considered the propriety of a trial justice’s entry of final judgment in a similar factual scenario. In that case, Coro, Inc. (Coro) brought suit against one of its competitors and several of Coro’s former employees, including Martin Nadler (Nadler), seeking damages in the amount of $1,000,000. See id. at 372, 310 A.2d at 623.

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Bluebook (online)
811 A.2d 1154, 2002 R.I. LEXIS 239, 2002 WL 31856710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/astro-med-inc-v-r-moroz-ltd-ri-2002.