Durfee v. Colonial Penn Insurance

Supreme Court of Rhode Island

Durfee v. Colonial Penn Insurance

448 A.2d 1300, 1982 R.I. LEXIS 1020

Supreme Court of Rhode Island·Decided June 25, 1982·No. No. 82-72-M.P.·Published

Opinion

ORDER

This case is before the court on defendant’s motion to affirm the Superior Court judgment pursuant to Rule 16(g). Upon review of the record, we discovered that the appeal herein was taken from a Superior Court judge’s order vacating a default judgment. Such an order is interlocutory and therefore not appealable. Giarrusso v. Corrigan, 108 R.I. 471, 276 A.2d 750 (1971).

Accordingly, treating defendant’s motion for affirmance as a motion to dismiss the appeal as premature, the said motion to dismiss is hereby granted.

MURRAY and SHEA, JJ., did not participate.

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

This case is before the court on defendant’s motion to affirm the Superior Court judgment pursuant to Rule 16(g). Upon review of the record, we discovered that the appeal herein was taken from a Superior Court judge’s order vacating a default judgment. Such an order is interlocutory and therefore not appealable. Giarrusso v. Corrigan, 108 R.I. 471, 276 A.2d 750 (1971).

Accordingly, treating defendant’s motion for affirmance as a motion to dismiss the appeal as premature, the said motion to dismiss is hereby granted.

MURRAY and SHEA, JJ., did not participate.

Durfee v. Colonial Penn Insurance, 448 A.2d 1300, 1982 R.I. LEXIS 1020 (R.I. 1982).

Pincite

448 A.2d 1300 (Durfee v. Colonial Penn Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related