Eagle Electric Co. v. Raymond Construction Co.

Supreme Court of Rhode Island

Eagle Electric Co. v. Raymond Construction Co.

385 A.2d 129, 120 R.I. 128, 1978 R.I. LEXIS 636

CourtSupreme Court of Rhode Island

DecidedMay 1, 1978

StatusPublished

Cited by1 cases

This text of 385 A.2d 129 (Eagle Electric Co. v. Raymond Construction Co.) 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

Eagle Electric Co. v. Raymond Construction Co., 385 A.2d 129, 120 R.I. 128, 1978 R.I. LEXIS 636 (R.I. 1978).

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Opinion

Per Curiam.

This case comes before the court on the defendant Raymond Construction Co., Inc.’s appeal from orders entered in the Superior Court on April 8, 1976, dismissing appeals by the defendant from judgments entered against it on September 12, 1975, in favor of the plaintiffs Eagle Electric Co., Inc. and Brown’s Floor Covering, Inc.

Upon an examination of the record in the case, it appears that the appeals which were purportedly dismissed were in fact premature, since no final judgments have been entered pursuant to the provisions of Rule 54(b) of the Superior Court Rules of Civil Procedure.¹ Menzies v. Sigma Pi Alumni Association, 110 R.I. 488, 294 A. 2d 193 (1972). Therefore, the case is remanded to the Superior Court. Upon remand, the parties may present to the trial justice a request for “an express determination that there is no just reason for delay and * * * an express direction for the entry of judgment.” Super R. Civ. P. 54(b). In the event that the trial justice should take such action, appeals may be taken from such final judgments. Goodyear Loan Co. v. Little, 107 R.I. 629, 269 A.2d 542 (1970); Calore Rigging Corp. v. Sterling Engineering & Construction Co., 105 R.I. 150, 250 A.2d 365 (1969). In view of the fact that the transcript has already been obtained in this case, when the matter is again docketed in the Supreme court, a request may be made to accelerate the time for filing of briefs and for reassignment for oral argument.

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Per Curiam.

This case comes before the court on the defendant Raymond Construction Co., Inc.’s appeal from orders entered in the Superior Court on April 8, 1976, dismissing appeals by the defendant from judgments entered against it on September 12, 1975, in favor of the plaintiffs Eagle Electric Co., Inc. and Brown’s Floor Covering, Inc.

Upon an examination of the record in the case, it appears that the appeals which were purportedly dismissed were in fact premature, since no final judgments have been entered pursuant to the provisions of Rule 54(b) of the Superior Court Rules of Civil Procedure.¹ Menzies v. Sigma Pi Alumni Association, 110 R.I. 488, 294 A. 2d 193 (1972). Therefore, the case is remanded to the Superior Court. Upon remand, the parties may present to the trial justice a request for “an express determination that there is no just reason for delay and * * * an express direction for the entry of judgment.” Super R. Civ. P. 54(b). In the event that the trial justice should take such action, appeals may be taken from such final judgments. Goodyear Loan Co. v. Little, 107 R.I. 629, 269 A.2d 542 (1970); Calore Rigging Corp. v. Sterling Engineering & Construction Co., 105 R.I. 150, 250 A.2d 365 (1969). In view of the fact that the transcript has already been obtained in this case, when the matter is again docketed in the Supreme court, a request may be made to accelerate the time for filing of briefs and for reassignment for oral argument.

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Bluebook (online)

385 A.2d 129, 120 R.I. 128, 1978 R.I. LEXIS 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eagle-electric-co-v-raymond-construction-co-ri-1978.

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