Eastland Savings Bank v. Rhedom Realty Corporation

Supreme Court of Rhode Island

Eastland Savings Bank v. Rhedom Realty Corporation

623 A.2d 975, 1993 R.I. LEXIS 126

CourtSupreme Court of Rhode Island

DecidedApril 23, 1993

DocketNos. 92-260-Appeal, 91-3160

StatusPublished

This text of 623 A.2d 975 (Eastland Savings Bank v. Rhedom Realty Corporation) 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

Eastland Savings Bank v. Rhedom Realty Corporation, 623 A.2d 975, 1993 R.I. LEXIS 126 (R.I. 1993).

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Opinion

ORDER

This matter was before a panel of the Supreme Court pursuant to an order issued to the appellant Rhedom Realty Corporation to appear and show cause why its appeal from a default judgment should not be denied and dismissed. After reviewing the memoranda submitted by the parties and after hearing their counsel in oral argument, it is the conclusion of this court that cause has not been shown.

For the purposes of this appeal we will assume that the appeal was timely filed.

The court is of the opinion that under Super.R.Civ.P. 37(b)(2) the trial justice was fully justified in defaulting defendant for failure to comply with discovery requests. On the basis of what was presented the trial justice decided the defendant had the ability to produce the requested documents and refused to do so. Our standard of review in these situations is whether the trial justice abused discretion in entering the order. Roberti v. F. Ronci Co., Inc., 486 A.2d 1087, 1088 (R.I.1985). The court is of the opinion that no abuse of discretion was shown.

For these reasons the defendant’s appeal is denied and dismissed, the judgment appealed from is affirmed and the papers of the case are remanded to the Superior Court.

WEISBERGER, J., did not participate.

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ORDER

This matter was before a panel of the Supreme Court pursuant to an order issued to the appellant Rhedom Realty Corporation to appear and show cause why its appeal from a default judgment should not be denied and dismissed. After reviewing the memoranda submitted by the parties and after hearing their counsel in oral argument, it is the conclusion of this court that cause has not been shown.

For the purposes of this appeal we will assume that the appeal was timely filed.

The court is of the opinion that under Super.R.Civ.P. 37(b)(2) the trial justice was fully justified in defaulting defendant for failure to comply with discovery requests. On the basis of what was presented the trial justice decided the defendant had the ability to produce the requested documents and refused to do so. Our standard of review in these situations is whether the trial justice abused discretion in entering the order. Roberti v. F. Ronci Co., Inc., 486 A.2d 1087, 1088 (R.I.1985). The court is of the opinion that no abuse of discretion was shown.

For these reasons the defendant’s appeal is denied and dismissed, the judgment appealed from is affirmed and the papers of the case are remanded to the Superior Court.

WEISBERGER, J., did not participate.

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Bluebook (online)

623 A.2d 975, 1993 R.I. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastland-savings-bank-v-rhedom-realty-corporation-ri-1993.

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